On what grounds can a background check be used to deny a promotion?

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On what grounds can a background check be used to deny a promotion?

My company hired me 1 1/2 years ago or a management position, after I passed a background check. They recently offered me a promotion but said they had to do another check. they did, however I was denied the promotion even though I had no legal incidents during my time of employment. What is on my check is no different than it was upon hire. Can a company deny me a promotion on those grounds even if nothing new was found in the promotion background check? Basically there is no difference in what they already know.

Asked on January 15, 2018 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, in most states, this is legal. A company can update a background check at a later date. Accordngly, unless you have protection against this action under the terms of a union agreement or employment contract, then denying you a promotion is legal. The fact is that most work relationships are "at will", which means that an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination, which does not apppear to be the case here).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, in most states, this is legal. A company can update a background check at a later date. Accordngly, unless you have protection against this action under the terms of a union agreement or employment contract, then denying you a promotion is legal. The fact is that most work relationships are "at will", which means that an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination, which does not apppear to be the case here).


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