denied job for background

UPDATED: Sep 30, 2022

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denied job for background

Was given a start date and the morning of was informed that my criminal background check was bad. Couldn’t hire me. Asked what was in it, told they didn’t know. Called facility and was told I needed to ask the company. Contacted the company and was told facility would not disclose information and not to contact again. I was under the impression that if I was denied a job for background that the information had to be disclosed and I had a right to challenge the information.

Asked on June 26, 2017 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are incorrect, unfortunately. All employment is employment at will (unless you have an actual written employment to the contrary, guarantying you a job, or giving you certain rights to or at the job); this means, among other things, that an employer can refuse to hire you for any reason not specifically made illegal discrimination by the law (e.g. they can't refuse to hire someone because they don't want to hire a person because of his/her race, color, national origin, age 40 or over, disability, religion, or sex). This includes the right to not hire someone due to the results of his or her background check.
Moreover, there is no obligation to share the results of the check with the prospective employee, and there is no right to dispute or challenge the results of a background check or the decision to not employ you; under employment at will, you don't have any right to contest any decision to not employ you. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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