Temp Employee Offered Permanent Postion but Background Check Creates Serious Issue

[boricua3131]

My question involves labor and employment law for the state of: Illinois

Hello!

I have been working as a temporary employee at a very large and well known company for 5 months. I received an offer for employment on a full time basis, but my background check returned with a misdemeanor "disorderly conduct" charge back in 2005. Here's the problem... HR asked me to explain what happened because they require a squeaky clean record. They also want me to visit the county circuit court and obtain a copy of the case file within 3 days. Failure to do so will result in termination of the offer, AND termination of my temp status.
The agency I work for is the primary source of all temporary employees at the plant, and I passed a background check with them with flying colors. How can this company release me when they have a contract with the agency doing background checks before I am offered an interview in the first place? Do I have a potential law suit brewing here? This is a waste of 5 months and passed opportunities for employment elsewhere.

Thanks

[eerelations]

The agency may have different standards for what passes for "flying colors" than the company. This is perfectly legal.

[Beth3]

The agency I work for is the primary source of all temporary employees at the plant, and I passed a background check with them with flying colors. Um, not exactly. They simply decided to overlook the disorderly conduct charge. Temp staffing agencies often have lesser standards for employment than do their client companies.

How can this company release me when they have a contract with the agency doing background checks before I am offered an interview in the first place? Because no law prohibits it.

Do I have a potential law suit brewing here? Not unless your State has a law that prohibits "discrimination" based on criminal convictions unless they are "substantially related" to the position. I don't know if Illinois has such a statute or not - that may be worth looking into. You can do that by making a call to Illinois' Department of Labor.

[boricua3131]

Thanks everyone