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I accepted an offer from a company and went through the background investigation. I was advised on 08/13 that my background investigation was clear and I submitted my letter of resignation to my previous employer. I was scheduled to start work on 08/26. On 08/15 I received an email stating that my background investigation had been reopened and they sent another application in order to do another check. My start date was moved to 09/03 and then to 09/09. As of today the incestigation is still ongoing and waiting for state civil litigation search for a state/county that I never resided in.

Asked on September 4, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, unfortunately they can rescind their offer to hire you. Employment in this country is employment at will unless you had an actual written employment contract guarantying you a job for a set or defined period (like a one year contract running from a set start date). In the absence of a written contract, you can be terminated at any time--or, as here, they can simpy rescind an offer and refuse to start you.


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