I would like to know what my course of action should be based on my offer of employment being rescinded.

Asked about 2 years ago - San Diego, CA

I was told that I failed my pre screening test for employment. The HR contact told me that it was based on charges that I have on my record. The Job I was denied is in California and all incidents happened in Ohio.

I have one underage from 2006, a disorderly originally a niose complaint from 09 where there was a party at my home, and a marijuana use charge that was changed to disorderly when plead down in 08. All three incidents resulted in no arrests, only MM tickets. Court fines were paid and any diversion was completed. I also have a few non moving traffic tickets on my record but no points on my drivers license.

I would like to know if I am just downplaying these issues to myself or if there is a real reason that I was denied employment. Should I contact HR, a lawyer, or do nothing??

Attorney answers (1)

  1. 5

    Lawyers agree

    Answered . This is a difficult situation because employers have the right to rescind job offers for a very wide variety of reasons (even for no reason). And acceptable reason is a potential employees's failure to pass a pre-screening test. Conviction records are often a perfectly legal reason to deny employment to a candidate.

    However, an employer may be breaking federal law if it uses an applicant's or employee's arrest or conviction record to make employment decisions. The Equal Employment Opportunity Commission (EEOC) has new Guidance that states the circumstances under which this kind of discrimination takes place. http://www.eeoc.gov/eeoc/newsroom/wysk/arrest_c... 
I urge you to read through this document. If it applies to your situation, please contact an experienced plaintiffs employment attorney for potential representation.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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Discrimination in the workplace

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