Job Offer Rescinded Over Non-Disclosure of Criminal Offense, Described on Other Forms

My question involves labor and employment law for the state of: Wisconsin/Texas

I will try to keep this as brief as possible but feel free to follow up with any pertinent questions. I will post an order of events.

A) Get a call from a recruiter for a national hotel chain for a management position open in my area. I was not looking for a new job.

B) Job has better pay and benefits so I send recruiter my resume to give it a shot and am called back by a rep for the company

C) We schedule a phone interview with regional VP

D) Phone interview goes great, schedule a face-to-face for when he flies in

E) Face to face also goes very well.

F) I am offered the job. I get an email and call confirming that the job is mine. I am told to book a flight (on them) and rental car for 3 weeks of training out of state. I receive forms for corporate credit card, tax forms etc. I do also have to fill out driving record (hotel has shuttle) On this form I disclose that I had a OWI in 2010 and driving after revocation tied to this (confusion on my part over license). Also one speeding ticket. The only "criminal" conviction is the driving after revocation as a first-offense OWI is non-criminal in WI.

G) I am called by company and told that since I did not apply through their website portal that as a technicality, I need to "apply" on their website just to "get me in the system" because all my info was provided via recruiter. I even have to "apply" for another position altogether as the one I was offered was taken down from the site due to it being filled (by me). On the application, it asks about criminal background. I select "do not need to disclose" because in my mind, I already disclosed on this other form. It's all driving related and had been disclosed prior. There is no new information that was not already on other document.

H) I quit my other job, start training my replacement, tell everyone; co-workers, family etc that I am taking this new job offer. Am on good terms with boss whom I put in two-week notice/resignation with.

I) Get a call from company rep asking why I didn't fill out detailed criminal background on online application. I say, "all this info was already disclosed", I assumed this online application was simply a formality to get me in the system as she told me. Rep says her boss is not comfortable with my decision not to disclose. I asked why it was even an option not to disclose. I would happily repeat all the same information already given on this online application but it seemed redundant since I was already offered the position and I already disclosed all info prior. She says "oh, I never even looked at that form you sent". She prints it off, sees that I did indeed disclosed everything and says she'll contact her boss and get back to me.

J) Company rep tells me they are rescinding the job offer because I didn't disclose on the online application. She says "it has nothing to do with criminal background" but rather is due to this 'non-disclosure'. I repeat that I did disclose, assumed this was a formality and I would be more than happy to put all the same info into this online system. When I ask why the option is even there not to disclose she says that some states do not require it. I explain that I was already offered this job, I quit my old job and told everyone that I am moving on. The OWI is non-criminal (first offense in WI) does not directly relate to the job. The only "criminal" item on my background is the misdemeanor driving after revocation and I never was trying to hide anything as everything was already disclosed on the other form.

K) After several calls back and forth they rescind job offer due to "poor decision" not to disclose and due to background (although I was already told that my background had nothing to do with it, but was wholly because I didn't disclose on online application).

L) I am now unsure if I can keep my former job as it was offered to another. Even if I can stay where I am, the person who was to replace me quit his second job and cannot get it back and he will undoubtedly be upset that a job offered to him will now be rescinded.

I am an optimistic person who has sunk into a deep depression the last few days due to this. I am embarrassed that I now have to tell my family and co-workers that I did not get the job after all and now have to pray that I can even keep the job I resigned from.

I don't know if any of this is legal or if there is any action I should be looking to take. I am in WI as was the position I thought I was taking but the people I spoke over the phone with from the company are from Texas.

TL: DR - Was offered a job that was rescinded due to what I perceive as a technicality on the background check after the job was already offered and I has disclosed all background info on another form already. I had already quit my previous job. Not sure if I can get old job back but either way am devastated and embarrassed.

Any responses will be greatly appreciated.

TIA

Quote:

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Quoting WICrushed

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On the application, it asks about criminal background. I select "do not need to disclose" because in my mind, I already disclosed on this other form. It's all driving related and had been disclosed prior.

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I can't see the online application from where I'm sitting. You need to tell us the significance of selecting "do not need to disclose". Was that option reserved for people with no criminal history?

Quote:

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Quoting Mr. Knowitall

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I can't see the online application from where I'm sitting. You need to tell us the significance of selecting "do not need to disclose". Was that option reserved for people with no criminal history?

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Thank you for taking the time to respond.

All I was told by the company rep is that in certain states you do not need to disclose. That seems spurious as no one ever has to disclose regardless of what state you live in.

The only reason I did not is because I had already been offered the job and they already had full disclosure on another form I had already submitted.

What did the website say when you selected the "do not need to disclose" option?

Quote:

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Quoting Mr. Knowitall

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What did the website say when you selected the "do not need to disclose" option?

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From their application page:

"Have you ever been convicted of a felony or a misdemeanor that has not been sealed, expunged, pardoned or statutorily eradicated?
Convictions: *

Please note that a positive response will not necessarily disqualify you from consideration for employment. California applicants should exclude any information concerning convictions more than two years old involving marijuana related offenses or any information concerning the applicant’s referral to or participation in a pre or post trial diversion program."

There is a drop box that I cannot paste in. The options in the box are
- Yes
- No
- Not required to answer

So, the only item I "omitted" was a driving after revocation although I assumed I did not need to disclose here as a more detailed disclosure had already been given to them on another form and I had already been offered the job prior to the company rep asking me to submit information of this online form, which came across as a formality only to "get me into their system".

I appreciate it, Mr. Knowitall

I suggest that you consult an employment law attorney and see if you have any options.

I don't think anybody except an attorney can help you there.

There doesn't seem to be any question that you "failed to disclose" on an application.

Whether a court would consider your first disclosure as binding on the prospective employer is anybody's guess.

So an accurate answer would have been "yes", with the explanation that the information had been provided on other forms.

With the prior disclosure, I personally would probably have deemed the disclosure adequate, but unfortunately I'm not in H.R. at that company. I'm not seeing anything unlawful in their decision, based upon what you've shared so far. We have some employment gurus here who may add their two cents.

Thank you both for taking the time to reply. Even though I don't think this was handled professionally, I'm going to move on and let it go.