QUESTION
I failed a background check. They didn't tell me what checks would be performed. Do I have any recourse?
Asked on May 21st, 2013 on Labor and Employment - Utah
More details to this question:
I quit my current position about a week or two later after I signed an offer letter/contract from another company. I didn't pass the background check, the only check they mentioned they were going to do or the only check that was mentioned to me was a criminal background check no one mentioned or said anything about doing any other type of check. The contract did specify a background check will be done (and that was grounds for dismissal if it wasn't satisfactory - not that I ever got to that point) but it didn't specify what exactly. So they rescinded the offer - little good that did me.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Two things: did you sign a release for them to do the background check and was the release separate from the application; second, did they tell you what in your background caused you to fail. Under the FCRA, they are obliged to tell you what caused the failure to give you a chance to rebut it.
Answered on May 24th, 2013 at 1:05 AM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Would be interested in hearing further about your situation, the EEOC has passed new rules on background checks and the fact that they turned you down over a background check could be discriminatory.
Answered on May 23rd, 2013 at 11:58 PM
I know of no grounds for you to sue them.
Answered on May 23rd, 2013 at 11:56 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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If the letter said that it was not a contract and you were an at-will employee, which it most likely did, then it was meaningless and you have no recourse. If it did not and it was a contract then you have a right to inquire about the background check to make sure it was grounds for termination of the contract. I would guess you know what would come up in a criminal background check.
Answered on May 23rd, 2013 at 11:53 PM