UPDATED: Oct 1, 2022
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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.
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