Do I Have a Legal Leg to Stand On?

Nurses Job Hunt

Published

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 The weekend before I was to start orientation, they rescinded the offer because of a misunderstanding on my part regarding separation with my previous employer.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.

Specializes in PACU.
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.

Do you have explicit proof that they used your arrest against you, though?

Specializes in Pedi.

The job offer was contingent on passing a background check. It sounds like the background check wasn't passed so, no, I don't think you have a leg to stand on.

According to the EEOC:

The EEOC's Position on Arrest Inquiries

The EEOC has noted that "[t]he fact of an arrest does not establish that criminal conduct has occurred." However, the EEOC has also noted that "[a]lthough an arrest record standing alone may not be used to deny an employment opportunity, an employer may make an employment decision based on the conduct underlying the arrest if the conduct makes the individual unfit for the position in question. The conduct, not the arrest, is relevant for employment purposes."

Specializes in Med/Surg, Ortho, ASC.
I am a minority and I haven't formally requested to get my security clearance back but maybe I should.

What does being a minority have to do with the issue?

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
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.
Sometimes offers of employment are rescinded. Life goes on. Dust yourself off and pursue other opportunities.

In late 2012 I interviewed for and subsequently accepted a position as a case management nurse at a company that owns multiple group homes for clients with mental retardation. My start date would have been several weeks later, on a Monday.

On the Friday preceding my agreed-upon start date, a nurse manager from the new place of employment left an abrupt voice mail message informing me that the offer had been rescinded until further notice, but to "please remain on standby" because the position might become available again in the coming months.

I received this abrupt voice mail on a Friday and was supposed to have started at the new job on Monday. Essentially I was forced to conjure up some humility, tuck my tail between my legs, ask for my old position back, and request that my resignation notice be rescinded immediately.

As unprofessional as it is, a lawsuit will not enhance your life, nor will it teach a lesson to the prospective employer who rescinded the job offer. It is in your best interest to keep it moving, and devote your energy to finding another job. Good luck to you.

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
What does being a minority have to do with the issue?

Although I belong to a racial/ethnic minority group, I do not see with clarity how being a minority is related to the overarching theme of the original post.

However, a perception exists in non-Asian minority communities in the US that people of color are the "last hired & first fired." This perception was rooted in reality generations ago due to historical regimes and may shape the manner in which some persons view hiring practices in the present-day.

Specializes in critical care.

OP, consider this for a moment....

You work for HR and you just interviewed a great candidate. That candidate appears to have good standing at current job and no criminal history. You invest time and money getting that person through the new hire process.

Then employment reference reveals the new employee is no longer employed and no longer eligible for employment at the listed current job. And on top of that, the lack of criminal history does reveal an arrest history.

You have a handful of other applicants who looked great, too. Do you stick with the new hire with a questionable history that may include a criminal charge (thus threatening their license, and may be questionable in safe patient care (I don't know the charge, so I'm just guessing))? Or do you count your losses for a squeaky clean new hire who didn't hide these things on the application?

Look, I'm not saying you intentionally his anything, but it looks like that to them. It's harsh, but I doubt anything you could say would convince them of otherwise. And if you brought lawyers in on it...... Do you really want to be "that guy"? The "law suit nurse"? I imagine they can find plenty of ways to make your work experience just as frustrating on you as you would make your hiring experience on them.

Would any of this be entirely fair? Of course not. But I don't see this going well for you at all if you fight it. If you're willing to pay a lawyer for anything, pay them to bury (seal) that arrest record and trial so it stops haunting you. If truly you were innocent, you don't need that coming up every single time you renew your license and apply for a job. Also, I'd be contacting your former employer to get your termination in writing, including reason for termination.

Not sure what State your in or if expungement Laws pertain. Expungement in some states wipe off legal issues and you are allowed to say you have no criminal convictions or even arrest. Could be something to look into, then there wouldn't be any worries about that. As far as your employer the same Legal Assistance (try Legal Aid first), could answer that. I'm sorry that happened to you.

Although I belong to a racial/ethnic minority group, I do not see with clarity how being a minority is related to the overarching theme of the original post.

However, a perception exists in non-Asian minority communities in the US that people of color are the "last hired & first fired." This perception was rooted in reality generations ago due to historical regimes and may shape the manner in which some persons view hiring practices in the present-day.

Generations ago? We don't have to go that far back. Racial discrimination in the work place still exists though granted, it's not as rampant as it was 50 years ago. Example: Black college professors are still the least likely to receive tenure compared to other races.

Specializes in Critical Care/Vascular Access.

I don't see how you have a leg to stand on with the new job. For all they know, you could have been lying to them and hoping they wouldn't do a thorough check.

I would say you have more of a case at your old employer for not even letting you know you were terminated, if in fact they didn't.

Both would be pretty weak cases though, and I'm not sure how minority status even plays into this at all unless you're just grasping for straws.......?

Specializes in Leadership, Psych, HomeCare, Amb. Care.

You failed your background check, apparently due to the termination date discrepancy. They are within their rights to rescind.

The DOC though may have improperly discharged you. You may want to speak with an employment lawyer about that, and see if you have a case.

I would have this conversation with an attorney. If you have a written offer letter, there's a fine print that reads "contingent upon back round check..."

When you had communication with your old place of employment, did you receive any written communication that put you on some sort of leave until the arrest issue was cleared up? Just for future reference, always get everything in writing.

If employers see that in such backround checks that a person was arrested for a few key things--mainly items related to drugs, assaults that type of thing--they can an will think twice--as unfortunate as that is. Regardless of a person actually being convicted. And if you were "charged" with a whole lot of things (and most police officers will write down any possible charge they can and sort it out in court) the "dismissed" part is at the very, very end...where most just stop reading.

Due to the "fine print" of the offer letter, (and your inability to provide written proof you were placed on a leave as opposed to terminated....if you have nothing in writing) you may not even be entitled to your money refunded on the uniforms and other things required of you to purchase for your new employment.

But again, I would ask an attorney. As well as speaking to her/him regarding what exactly your CORI form states. And if it is all charges that have been dismissed (which again, can be subjective...dismissed after a fine? Continued with stipulations then dismissed?) see if your CORI can say "no adult convictions". Further, if you still have your own , I would also consult with them.

Specializes in ICU.

I would have made sure the legal issues were taken care of before applying for the job. If it was not possible to get them cleared up, then I would have disclosed it in the interview. You did hide something from this employer. If it was no big deal and you weren't convicted, then disclosing it should not have been a problem. It was not taken care of because it showed up on a background check, plain and simple. You did not do your part by taking care of your legal issues. This has nothing to do with being a minority. You lost your security clearance. That is not a good thing.

Seriously. Say you get arrested again and it's in the news. What happens when they say a nurse from so-and-so hospital was arrested last night. News people love to jump on nurses because we supposed to be a trusted profession. Those reporters love to bring nurses and doctors down and make them look bad. In the future, first take care of your crap, second don't get arrested. Plain and simple.

+ Add a Comment