Do I Have a Legal Leg to Stand On?

[Spikey9001, BSN, RN]

Recently, I interviewed for a hospital job that I had been striving to get for years. The interview went great and I was offered a position within a week pending a background check. Well, fast forward to the end of month (I got the offer at the beginning of the month), I've completed all my pre-employment paperwork, physicals, and purchased uniforms and supplies for the job. The weekend before I was to start orientation, they rescinded the offer because of a misunderstanding on my part regarding separation with my previous employer.

I was working at a correctional facility until the end of last year because I lost my security clearance due to getting arrested. At the time I spoke with management, they did not say I was terminated but just unable to work until I resolved this legal matter and got my security clearance back. So, therefore I considered myself to still be employed by them and thus put it on the application. Apparently, I was terminated. I did not know this because I never received any documentation stating so. I found this out because of the background check with this employer. I then emailed management at my old job and they confirmed that I was terminated about a week after being charged. Also, the pending charges came up as well and I explained that to her as well (in the end, the criminal charge were dropped).

I'm considering contacting an employment attorney on the basis that despite being truthful (to my knowledge at the time) on all aspects of the application, the job was unfairly taken from me. I also feel that at the time, the pending charge against me was used negatively. There was no criminal conviction so the arrest should not be used against me.

[klone, MSN, RN]

In an at-will employment state, employers can rescind job offers at any time and for any reason. I do not think you have a legal leg to stand on, unless the job was rescinded because you are a protected class such as a minority or due to your gender.

If anything, you may have a case with your previous employer. But not with the new one.

[Spikey9001, BSN, RN]

I am a minority and I haven't formally requested to get my security clearance back but maybe I should.

[caliotter3]

You should have clarified your standing with the previous employer before seeking new employment. Too big of an issue to claim ignorance. But, to insure you work in your own interest going forward, would suggest you consult with an employment attorney.

BTW, I got caught up in a "misunderstanding" when interviewing for a job one time and the person doing the interviewing refused to let me get a word in edgewise to explain my position. I could have politely rose from my seat, smiled at her, and made my exit at that point and saved myself anguish. When they make up their mind about you, they make up their mind about you.

[WookieeRN, BSN, MSN, RN]

Are you in an at - will state? Did they specifically state in writing that they used the pending charge against you? Can you prove any of this? Was this job rescinded because of discrimination based on a protected class?

You can get a lawyer if you want, but it may be a waste of money for them to essentially tell you that you don't have a case.

[Spikey9001, BSN, RN]

You should have clarified your standing with the previous employer before seeking new employment. Too big of an issue to claim ignorance. But, to insure you work in your own interest going forward, would suggest you consult with an employment attorney.

BTW, I got caught up in a "misunderstanding" when interviewing for a job one time and the person doing the interviewing refused to let me get a word in edgewise to explain my position. I could have politely rose from my seat, smiled at her, and made my exit at that point and saved myself anguish. When they make up their mind about you, they make up their mind about you.

Good point. Yeah, when all this stuff came to light, I figured they were firm in their position. Even after I divulged every detail and apologized for any miscommunication on my part.

[caliotter3]

The security clearance is no longer needed if you no longer work for that entity, however, all security clearance determinations have a provision for rebuttal. You should prepare the rebuttal and submit it for inclusion in your dossier, even at this late date. Otherwise, you will always be dealing with the revocation in the future. They will revoke if they do not hear from you. They might not if you state your case and they might reverse their decision even now.

[Spikey9001, BSN, RN]

Are you in an at - will state? Did they specifically state in writing that they used the pending charge against you? Can you prove any of this?

Yes, I'm in at will state. And according to the email, it was made "in whole or part, based on information obtained by [background agency] and/or in a consumer report prepared by [2nd background agency]. Neither agency made this decision and cannot provide specific reasons why this decision was made."

[WookieeRN, BSN, MSN, RN]

Yes, I'm in at will state. And according to the email, it was made "in whole or part, based on information obtained by [background agency] and/or in a consumer report prepared by [2nd background agency]. Neither agency made this decision and cannot provide specific reasons why this decision was made."

I think you are definitely out of luck now.

[RubicsCube]

Maybe "what" you were arrested for factored into the decision. Some crimes are viewed differently than others.

[dirtyhippiegirl, BSN, RN]

Yes, I'm in at will state. And according to the email, it was made "in whole or part, based on information obtained by [background agency] and/or in a consumer report prepared by [2nd background agency]. Neither agency made this decision and cannot provide specific reasons why this decision was made."

Did you divulge the arrest when you applied for the hospital job? If not, are you sure THAT isn't why the offer was rescinded? The quoted email seems kind of vague.

[Spikey9001, BSN, RN]

Did you divulge the arrest when you applied for the hospital job? If not, are you sure THAT isn't why the offer was rescinded? The quoted email seems kind of vague.

In the application, it didn't ask for arrests, only convictions, which I have none of. So I didn't disclose it. And like I said, arrests cannot be used in a discriminatory matter.