Resciding offer after background check

UPDATED: Sep 3, 2019

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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 My background check came back 21days later and they rescinded the offer with no reason or explanation.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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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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