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I would like to know what my course of action should be based on my offer of employment being rescinded.

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


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. 
I urge you to read through this document. If it applies to your situation, please contact an experienced plaintiffs employment attorney for potential representation. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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Marilynn Mika Spencer

Marilynn Mika Spencer


You might benefit from understanding something about the basics of employment law. Please see my guide to at-will employment in California which should help you understand employment rights:

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