Rights After Job Denial

My question involves labor and employment law for the state of: Fairfax Virginia. I recently applied to this company and thought I was going to land the job but was denied. The manger told me that HR denied the application because of the background check. I asked him on what grounds was the denial justified. He offered me no explanation. I asked him nicely to find out. He has not called back. I would like to know if I can find out the reason for denial like a credit check. Please help me because I know the drug screening was clean and no felonies but I do have a lot of misdemeanors. None relating to on-the-job offences. I want to find out why and what rights I have to get the info. THANK you! Happy New Years.

You were already told that you were denied the job due to something they seen on your background investigation. That's all you need to know. Further, you already know you are a convicted criminal with your several misdemeanors - it doesn't take a rocket scientist to guess what's on your background.

Oh, and to some companies, because you haven't committed a crime against your employer, but you committed them every where else - you are still unemployable in their book.

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Quoting razone

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My question involves labor and employment law for the state of: Fairfax Virginia. I recently applied to this company and thought I was going to land the job but was denied. The manger told me that HR denied the application because of the background check. I asked him on what grounds was the denial justified. He offered me no explanation. I asked him nicely to find out. He has not called back. I would like to know if I can find out the reason for denial like a credit check. Please help me because I know the drug screening was clean and no felonies but I do have a lot of misdemeanors. None relating to on-the-job offences. I want to find out why and what rights I have to get the info. THANK you! Happy New Years.

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A company has a right not to hire someone based on the background check. You seem to be under the impression that just because your convictions were not related to on the job offenses that it matters. It doesn't. Take shoplifting for example. Companies have the right not to hire a thief. They also have the right to over look it if it's been quite a number of years since the offense. Same applies to drug/alcohol offences, they have a right not to hire you if your going to be traveling with a company car and a DUI. You can see if you qualify for expungement, but you can't make a conviction go away.
Good luck

There are occasions when the employer must give you a copy of the background check (consumer investigative report). That depends on (1) whether the employer runs the check himself or uses a third party - not required if employer runs it himself (2) what information is being asked for and (3) whether or not you are hired - and if you are not hired, how much of an effect the background check had on that decision. (The reason not to hire you was based on info in the report which was done by a 3rd party.)

This is per the FCRA.

It was not the employer that ran the check himself. The company was using a third party to run the background check.

If you apply for a job & are denied based on information in a third party background check (ie one done by a consumer reporting agcy.) and you don't get a copy of the report, contact a lawyer. The employer can be sued for non-compliance. You might also notify the Federal Trade Commission.

However, you have to know that the reason you were denied was based on information in the report. Also, it has to be a background check by a 3rd party & not just a reference check or a background check done by the employer himself.

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Quoting Betty3

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If you apply for a job & are denied based on information in a third party background check (ie one done by a consumer reporting agcy.) and you don't get a copy of the report, contact a lawyer. The employer can be sued for non-compliance. You might also notify the Federal Trade Commission.

However, you have to know that the reason you were denied was based on information in the report. Also, it has to be a background check by a 3rd party & not just a reference check or a background check done by the employer himself.

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Thank you for repying Betty. It was done by a third party. I called the manager today and he seems like he wants to give me the run-around about the details of the denial. What would be the official way of addressing him about obtaining a copy of the report? I have not dealt with this kind of situation before so any information would be great and also names of different agencies that I could get in touch with.

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Quoting razone

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Thank you for repying Betty. It was done by a third party. I called the manager today and he seems like he wants to give me the run-around about the details of the denial. What would be the official way of addressing him about obtaining a copy of the report? I have not dealt with this kind of situation before so any information would be great and also names of different agencies that I could get in touch with.

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They can have a policy of not to hire a convicted person.

Just because you have not had an issue before does not mean that you will always be in the clear.

The laws are not going to favor you on this type of action. The laws will favor an employer. Any third party investigators report is deemed acurate unless you can prove otherwise.

If they won't give you a copy of the report as required by the FCRA, you can contact an attorney and/or put in a complaint with the Federal Trade Commission.

However; getting a copy of the report & if they took adverse action in not hiring you based on info in it, doesn't mean they did anything wrong in not hiring you. It's just required that you be given a copy of the report that their action was taken on.

Sorry for the delay.....But I'm not trying to get this particular job because it is crap but rather trying to get the report from the third-party agency that ran the background check. I want to know why I was denied employment because what was in the report. I don't do drugs and the only thing it could be would be misdemeanors. But I have to know the information to make sure it's correct and not incorrect because when I was appyling for residence at this complex they said I had felonies, which I don't, and I want to make sure that this is not the same thing going on again. But to reiterate, I want to find out how I can make this company who denied me employment provide me an official copy of the report that the third party agency provided them.

THanks!