If my job offer was recended after a background check due to a 3 year old DUI, what is my next step?

I interviewed for a city job and was offered the job, signing a conditional offer which said it was contingent on passing a background check. At no point was I asked about anything in my background as the city passed a ‘ban the box’ clause. I have a 3 year old misdemeanor conviction for DUI from another state. No injuries or accidents occurred at the time. I was pulled over leaving the bar and admitted to the offense on site and pled guilty. I completed my probation with no issues and that is the only offense on my record. I was contacted by the city and told the offer was being recended due to failing the background investigation. The vacancy did not have any wording about prior convictions being a disqualifer and I was not given the chance to explain or appeal the decision, I was told the position was an appointed position by a board therefore there was no chance to appeal. I’m still waiting on the official letter to be sent to me and was contacted via email. What options do I have?

Asked on March 12, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't have any options, based on what you write--they had the right to not hire you:
1) Employment is employment at will unless there is a written employment contract for a definite period (e.g. a one-year, five-year, etc.) contract (including a union agreement), or civil service rules which apply. In the absence of such, since employment would be employment at will, the employer is free to decide who to hire and when, and to rescind job offers.
2) There is no need to specifically state that a criminal background, even such a relatively minor one as yours, is a disqualifier; the law does not require employers to lay out employment disqualifications in advance.
3) It is legal to make hiring decisions based on criminal backgrounds.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't have any options, based on what you write--they had the right to not hire you:
1) Employment is employment at will unless there is a written employment contract for a definite period (e.g. a one-year, five-year, etc.) contract (including a union agreement), or civil service rules which apply. In the absence of such, since employment would be employment at will, the employer is free to decide who to hire and when, and to rescind job offers.
2) There is no need to specifically state that a criminal background, even such a relatively minor one as yours, is a disqualifier; the law does not require employers to lay out employment disqualifications in advance.
3) It is legal to make hiring decisions based on criminal backgrounds.


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