Resciding offer after background check

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Resciding offer after background check

I was job offered and signed my offer letter on July 9th, 19. My background check came back 21days later and they rescinded the offer with no reason or explanation. I know there is a law in California that the employee must send me in writing why they are rescinding. Can you assist me?

Asked on September 3, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In your state (CA), if you are rejected due to a background check, the employer must disclose the reason in writing, including a copy of the check they relied on, and give you a chance to respond. Failing to do that, as they evidently had, or making the decision on some impermissible basis (e.g. on a dismissed criminal charge, or an arrest that did not lead to a charge and conviction) can subject to them a penalty which could be up to $10,000. Since they have not provided you the reason for the rejection, you wish to contact your state department of labor about filing a complaint--the state's help would be free.


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