Once I have been offered job in writing, can the offer be rescinded just because the background check revealed dismissed charge.

Asked about 1 year ago - Charlotte, NC

I was recently offered a job by metlife. They had a 3rd party do a background check. I received a pre-adverse action letter in the mail. Everything else passed, except a dismissed domestic violence charge 3 years ago. the case was dismissed, and I have nothing else on my record. Can an employer legally rescind an offer based on a dismissed charge that I was not asked to disclose?

Attorney answers (2)

  1. Kirk J. Angel


    Contributor Level 15


    Lawyers agree

    Answered . Yes. In North Carolina an employer is free to refuse to hire you for any reason that is not specifically prohibited. However, the employer would be subject to a wrongful firing claim if the refusal to hire was based on unlawful discrimination.

    Kirk J. Angel is an experienced attorney who focuses his practice on employment law. Mr. Angel, who has practiced... more
  2. Mikael Ray Gross

    Contributor Level 11


    Lawyer agrees

    Answered . I agree with Mr. Angel. In addition to his advice you should consider getting the charge expunged form your record so this doesn't happen again in the future. After an expungement you do not have to acknowledge the charge on an application and they employer cannot even ask about it.(G.S 15A-153)

    The information provided herein is general information and not designed to create a lawyer-client relationship,... more

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