Background check

UPDATED: Oct 1, 2022

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Background check

I worked for Dollar General Corp in 2015 after passing the GIS background check, and left on good terms due to a better employment offer. I recently re-applied and was extended a job offer on the contingency of a background check. There is a misdemeanor, not a felony. Mind you, since 2015 when I was first employed at the company there has been no change in my background. I have been in no trouble, not even a traffic ticket. I have worked at Family Dollar and Walmart who had no trouble with my background check. I spoke to the Dollar General corporate office and they said I must write a detailed letter explaining what is on my background check and why they should still hire me. Plead my case. How can the fail my background check and rescind the offer of employment when the background check in 2015 matches the one ran in August of 2017? They are identical I feel like I am being screwed around. Does this sound legitimate to you?

Asked on August 22, 2017 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, employment in this country is "employment at will." That means a prospecitive employer can decline to employ you for any reason not prohibited by law, even if the issue was not a problem previously. And the law does not prohibit choosing to not employ someone due to a criminal background, even a minor, previously disclosed or known, one. So whether it is appropriate or fair or not, what you describe is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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