What are my rights regarding a failed background check?
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What are my rights regarding a failed background check?
I was working for a manufacture of equipment as the on-sight install project manager. The company that the equipment was being installed for offered a position. I went through the hiring process; filling out application, drug test, physical, ect, and they oextend an offer. I handed in my two week notice and full-filled that commitment. The new company extended my start date by a week to this Monday. I just recieved an email stating that after further review of the background check, the where resending the offer that they had extended. Now I am without a job. Is there any legal recource in this type situation?
Asked on June 2, 2013 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you had not left your previous job, there would no recourse. Employment is employment at will: an employer may refuse to hire--or once hired, fire--an employee at any time, for any reason, including a failed a background check. However, this said, if the new employer knew you were employed at the time, and further knew or reasonably should have known you'd leave that employment if given a job offer, but knowing that, nonetheless made you such an offer, which you reasonably relied on (i.e. no reason at the time to think it was not a serious offer) to your detriment, you may be able to hold them liable under the theory of "promissory estoppel." You should consult with an attorney to discuss the situation in more detail and evaluate the strength and economic worth of any claim you may have.
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