What are my rights regarding a failed background check?

UPDATED: Jun 2, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 2, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption