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Job offer rescinded due to a case dismissed under PC1203.4 - can they do that?

Fair Oaks, CA |

I answered "no" regarding convictions on an application for a job recently and was offered the job. When my fingerprints came back, the HR manager rescinded the offer based on a misdemeanor case dismissed under PC 1203.4. The fingerprint report clearly shows the dismissal yet she's still using this against me. She's asked that I submit a letter withdrawing my application, but I feel I need to stand up for myself IF I have grounds to do so. Are they allowed to do this?

Attorney Answers 3

Posted

It depends. What is the nature of the job, the employer, and the employer's business? And what kind of criminal case was dismissed under P.C. 1203.4?

Under most circumstances, there is no benefit to you in providing a potential employer with a formal withdrawal of your application for employment. What is the basis for that request? Don't comply with that request casually or automatically. Let's get some additional facts before that request gets any serious consideration.

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Posted

I have read a lot of Christine's opinions and they are very good and to the point.,

My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.

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1 comment

Christine C McCall

Christine C McCall

Posted

Thank you for saying so!

Posted

As Attorney Christine said it depends on the job itself, the employer and the business as well.
Some employers are very strict while other are flexible.
Good luck

Law Offices of Hasbini 619-200.8986. Free on phone and in office consultation. http://www.sandiegoemploymentlawyer.net

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