Do I Have a Legal Leg to Stand On?

Nurses Job Hunt

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 The weekend before I was to start orientation, they rescinded the offer because of a misunderstanding on my part regarding separation with my previous employer.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

OP, I thought where you were going with your question about "a legal leg to stand on" was whether you had a case against your former employer, not the one you were seeking employment from. Against your former employer----that's a question for an attorney, one specializing in employment law. Against your prospective employer for not hiring you...I think that's a pretty clear-cut NO. Your employment with that new company was contingent upon your passing a background check. You did not pass the background check. It wouldn't matter what minority group you belong to, if the company would not hire anyone who presented as you did on your background check...that's that.

Specializes in Case Manager.

Well, I guess I won't pursue or let this matter bother me any further. I'll just let future employers know exactly what happened and just hope they hire me. People get arrested all the time for things they didn't do or because of misunderstandings.

At the time I had the interview, the case was still open. They didn't ask, so I didn't disclose. Doesn't matter what I was arrested for, you're innocent until proven guilty. Like I stated earlier, the case resolved positively so I'm not gonna let it get in the way of future employment if I can help it.

You still have yet to share why you were arrested. Don't leave us guessing:cheeky:

Specializes in Case Manager.

Theft by deception. No, I won't go into details.

Specializes in Psych ICU, addictions.
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.

I'd guess it was because a previous poster mentioned it was illegal to be discriminated against based on being a protected class (race, gender, etc.). But if that had been the case, the burden would be on the OP to provide concrete proof that the offer was rescinded SPECIFICALLY due to the OP being of a minority race. Merely being a minority/female/over 40/etc. doesn't mean you automatically have a discrimination case no matter what the reason.

OP: I agree with the rest of the posters here...employment was contingent on certain factors (the background check) that you unfortunately were unable to meet. It may not have been fair, but they have done nothing wrong in rescinding the offer. If you haven't already you could talk to a lawyer versed in employment law (most offer a free consultation) to see if there is something, but I don't think you'll hear anything different from them.

I sincerely wish you the best of luck.

Specializes in Psych ICU, addictions.
Theft by deception. No, I won't go into details.

Unfortunately, that's not something any employer likes seeing on a background check, even if it didn't result in a conviction.

I would talk to an attorney to see if expungement is a possibility in your state, so it could be removed from your record.

Do you have access to the background check? If not, it might be worthwhile for you to pay for your own background check on yourself to see exactly what is there. There may be something else you are not even aware of.

Then you can take the necessary steps to get that taken care of.

We're you honest about the filed charges? Even if charges are dropped, they usually will still show on a background check.

We're you honest about the filed charges? Even if charges are dropped, they usually will still show on a background check.

The OP has already said that he/she didn't put arrests on the application, as it did not ask for that, only convictions. Wonder if they'll change their forms now....?

OP, while the prevailing notion is that one is "innocent until proven guilty", that really only applies to the courts, and not the Court of Public Opinion, OR hiring managers. Anyone can be denied a job for ANY reason that does not include the Protected Class discriminations previously discussed, and THAT requires proof positive as well. Since you were presumably seen during your interview and hiring process, it wouldn't be as if your minority status was a surprise to them the day you got shown the door. They hired you irrespective of your being a minority; keeping that offer was contingent upon passing the background check.

The employer may have rescinded the offer because they didn't like seeing the arrest and/or indictment, period. They don't have to explain it or validate it. They can just say "you don't pass our vetting process".

At this point, I'd just clear up your past history so it doesn't come back to bite you in the butt later.

Good luck.

Specializes in PDN; Burn; Phone triage.
Unfortunately, that's not something any employer likes seeing on a background check, even if it didn't result in a conviction.

I would talk to an attorney to see if expungement is a possibility in your state, so it could be removed from your record.

This! A mix-up with your hire/quit dates might be excusable. Especially in an industry where folks can pick up very PRN. Failing to declare a recent arrest for theft, even if it wasn't explicitly stated in the application, is no bueno. Makes you seem dishonest. Be very upfront about that thing until you can find a way to hopefully expunge it from your record.

Specializes in critical care.
Theft by deception. No, I won't go into details.

This charge is definitely relevant. If this charge was still pending, especially, surely you see that the facility didn't want you to be a liability.

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

Based on your original question and based on the information provided since, Nope, don't think you have a leg to stand on.

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