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I recently applied and was offered a job pending backround check. On application it asked if I was ever convicted of a crime and I put no, I do have 2 municipal citations for theft 8 years ago and paid those tickets. I have been told by numerous people and officials those are not convictions, no he rescinded his offer. He also called in an employee that I’m friends with and asked and talked with him about my backroom check, is any of this legal?
Asked on October 26, 2018 under Employment Labor Law, Wisconsin
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
1) Unless you had an actual written employment contract with a defined start date, they could rescind your job offer at will, even if they had told you it was dependent only on the background check. When there is no written employment contract, you are an "employee at will" and can be terminated at any time, for any reason--even before you start the job.
2) An employer may discuss a prospective employee's background check with a current employee who knows the candidate, to see if that person can provide any detail, clarification, etc. The employer may essentially have any employees it deems appropriate participate in the background check process.
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