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  1. #1
    Join Date
    Jun 2006
    Posts
    10

    Default Employment offer

    I have been offered a position as a sales rep in KY, the corporate office is in Wisconsin. the position is not selling any drugs. they have not asked about any felonies but they did say they would do a background check. I have never been asked if i have a felony so i have NOT lied. i have a few questions.

    1. can they rescind the offer if they find a federal felony conviction for conspiracy with intent to distribute?

    2. do they have to have my permission to do the check?

    3. do i have any recourse if they do rescind the offer?

    4. which states laws would i be under? wisconsin or KY?

    Thanks for your advice

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Employment offer

    [QUOTE=attila]I have been offered a position as a sales rep in KY, the corporate office is in Wisconsin. the position is not selling any drugs. they have not asked about any felonies but they did say they would do a background check. I have never been asked if i have a felony so i have NOT lied. i have a few questions.

    1. can they rescind the offer if they find a federal felony conviction for conspiracy with intent to distribute?

    MY RESPONSE: With the exception of, I believe, Wyoming, each other State is an "At Will" employment State (absent an employment contract). So, yes, they can rescind the offer at any time, for any reason, or for no reason at all.



    2. do they have to have my permission to do the check?

    MY RESPONSE: No. Merely applying for the position is all the "permission" an At Will employer needs. No separate "permission" is required.



    3. do i have any recourse if they do rescind the offer?

    MY RESPONSE: Unless you can show, and prove, a Title VII reason for their rescission, then the answer is "no."



    4. which states laws would i be under? wisconsin or KY?

    MY RESPONSE: When it comes to the two States you've mentioned, it wouldn't matter because both States are At Will employment States. But, if you apply in Kentucky, the entire transaction is guided by Kentucky jurisdiction (in the absense of an agreement to the contrary).


    IAAL

  3. #3
    Join Date
    Jun 2006
    Posts
    10

    Default Re: Employment offer

    Thanks for the response. I have done several searches and it seems that Wisconsin has a law that states that employers can not descriminate against felons; therefore, would that not be a title VII since they made the offer then rescinded it after they found out about the felony?

    Thanks again

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Employment offer

    That seems to be outlined principally in Section 111.335 of Wisconsin's Fair Employment Act. I doubt that Wisconsin would attempt to extend that law to employment relationships which exist in a different state, even for a company that is headquartered in Wisconsin. Nothing in a state law that I am aware of will transform the violation of state law into a violation of Title VII, where the conduct would otherwise be lawful under federal law.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employment offer

    Just as a clarification, the state which does not recognize at-will employment is Montana, not Wyoming. (Hi, IAAL!)

    Montana recognizes at-will employment during the company's designated probationary period or, if there is no company designated probationary period, the first six months of employment.

  6. #6
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Employment offer

    Quote Quoting cbg
    Just as a clarification, the state which does not recognize at-will employment is Montana, not Wyoming. (Hi, IAAL!)

    Montana recognizes at-will employment during the company's designated probationary period or, if there is no company designated probationary period, the first six months of employment.

    My response:

    Thanks for the clarification, cbg. Nice to see you over here. It's much nicer here, and so far, more comfortable. The admin, Aaron, appears to be a very nice fellow, too.

    IAAL

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Employment offer

    Actually I'm quite mean. I even have fangs. (Okay - that's not the best picture of them - but trust me.)

  8. #8
    Join Date
    Jun 2006
    Posts
    10

    Default Re: Employment offer

    Am I correct in assuming that they can not have a corporate law against hiring felons since they are based Wisconsin?

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employment offer

    As I previously stated, I doubt that Wisconsin would attempt to extend its law to employment relationships which exist in a different state, even for a company that is headquartered in Wisconsin.

  10. #10
    Join Date
    Nov 2005
    Posts
    310

    Question Re: Employment offer

    Doesn't a criminal background and credit check require the applicant's permission?

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