Can a job offer be rescinded based on a foreclosure?

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Can a job offer be rescinded based on a foreclosure?

I recently accepted a position with a bank (non-cash handling, officer lever position). When completing the paperwork for the background check, I informed the HR rep that I had a foreclosure on my record. She placed me on hold, came back and encouraged me to submit my paperwork. After 4 weeks of no communication from them and repeated attempts on my part to receive a status, they finally told me the offer was being rescinded due to a hiring policy regarding foreclosures within the last 3 years.

Asked on August 15, 2011 Georgia

Answers:

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

Answered 10 years ago | Contributor

In fact, if an "at will" employment relationship (and most are) an employer can hire/fire as it deems fit. Employers have a great deal of discretion when it comes to setting the terms and conditions of employment. This would include not hiring someone based on their past financial situation (e.g. a foreclosure). In fact an employer can refuse employment to someone for any reason or no reason at all. Absent some form of actionable discrimination (and none is indicated in this case), your prospective employer's action was lawful; no laws have been violated. 


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