Offer rescinded after a background check. I can pursue legal action?

I was offered a great job opportunity last month. It was offered verbal as well a written offer letter. The informed me they will be performing a background check through an outside vendor (HireRight). I told them that I had an experience with this vendor before and they were able to pull up an arrest record I had nearly ten years ago even though I was never convicted of the charges and I was granted an expungement. On my application I did indicated I've never been convicted of a crime. I let them know about the possibility of the charges appearing verbal because I lost a job offer before because of the inaccurate information that is still appearing in public records although they should have been expunged. They told me if they did appear and as long as I had documentation indicating I have no criminal record there wouldn't be a problem. Of course the charges appeared again and I provided them with the documentation. [B]One thing I must note, they didn't provide me with a copy of the investigative report as I am legally obligated to receive according the FCRA before they make an adverse action. [/B]They just told me the charges appeared, but I didn't see the actually report myself.

Anyway, I provided them with the documentation and they told me their security needed to investigate further. Early last week, the manager I would have been working for informed me that she received the ok from security and I would be starting this week. The Thursday before I'm suppose to start I receive a call from security asking if I can come speak with them because they needed to ask additional questions. I agreed to go because I didn't have anything to hide and my understanding was a non-conviction can not be used against you by employer in determining if they will hire you. As well as an expungement. After speaking with them, I get a call on Friday telling me they are rescinding the offer and I will receive a letter in the mail indicating why.

My start date with the company was pushed back several times and each time they assured me everything was ok and they just needed additional time to process my paperwork. Even up until the week before I was to start they assured me I would still be working for the company. Needless to say I'm devastated and upset. Even though I'm aware most companies are "at will" and can fire you or deny you employment at any time, I feel they did a lot of things wrong here and I possibly can pursue legal action against them. These are the things I feel they did wrong:

1. They didn't provide me with the investgative report to review the inaccurate information.

2. The charges were a non-conviction an was ordered expunged. And nonconvictions shouldn't be considered in an employment decision.

3. By law I'm not obligated to discuss the details of a case that I was not convicted of and was ordered expunged. There own employment application indicates "you are not obligated to provide details of expunged or sealed convictions". But they called me into discuss the details of the case.

4. I provided them with a copy of the PA State Police Report indicating I do not have a criminal record, but they based their decision on the public criminal docket sheets which clearly states on the bottom of each page that they can not be used in place of a criminal background check and it's a civil violation if it used.

I would like to proceed further legally with this matter. Do I have a case?

Serious replies are appreciated.

Thank you

Trevor B

Hello,

Possibly 2 defendants here.
You can target the background firm and the employer, who has a responsibility to seek verification of negative material in case they decide not to offer you the job.

And yes, the FCRA requires you get a copy of the report. Expungements mean exactly that: the conviction is no longer valid. Arrests records do not equal a conviction.

Send the potential employer a letter saying thanks for the paid vacation for the next few years. A lawyer in your state should enjoy taking this one.

Good luck.

Replace

A bright young attorney should have a field day with this one.

Andrew R

You should have a case, although it won't be resolved for awhile. The first thing I would do is contact the county where the record is appearing on the public docket and inform them of the expungment (they will probably request paperwork) and try it taken off their records.

Even if you had a records from 10 years ago, providing it wasn't a serious crime, it shouldn't have reported it. 7 years is typically the max they are legally allowed to report.

rennickelizabe

i hope you have a solicitor because what they have done is illegal as all convictions as far as i am aware are spent after five years as they destroy all records after this i think you have a good case

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