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  1. #1
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    Default Can You Sue an Employer for Denying You a Job Over a Background Check

    My question involves labor and employment law for the state:Florida. I had an interview and was offered the job. I have to pass a background check but it's taking longer than expected for approval. If they deny me because of my charge, can I sue them because the same company hired me four years back in the state of Maryland? The company is dollar general. I am not on probation and my charge is now five years back.

  2. #2
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    Default Re: Can I Sue a Company in Florida

    Quote Quoting Bjaxon0331
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    My question involves labor and employment law for the state:Florida. I had an interview and was offered the job. I have to pass a background check but it's taking longer than expected for approval. If they deny me because of my charge, can I sue them because the same company hired me four years back in the state of Maryland? The company is dollar general. I am not on probation and my charge is now five years back.
    Sue ... who, exactly? And for what? What do you believe should or should not have happened?

  3. #3
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    Default Re: Can I Sue a Company in Florida

    Quote Quoting Bjaxon0331
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    My question involves labor and employment law for the state:Florida. I had an interview and was offered the job. I have to pass a background check but it's taking longer than expected for approval. If they deny me because of my charge, can I sue them because the same company hired me four years back in the state of Maryland? The company is dollar general. I am not on probation and my charge is now five years back.

    You could file the lawsuit, but you would almost certainly lose if your theory is denial of the job because of a criminal charge or conviction (your post isn't clear whether you were actually convicted). The company is not obligated to rehire you just because you had worked there before. Neither federal nor Florida law expressly prohibit an employer from rejecting an applicant because of a criminal record. The federal Equal Employment Opportunity Commission (EEOC) takes the position that in some cases if a company has a firm policy of never hiring anyone with a criminal record may amount to illegal race discrimination against Black and Hispanic Americans. But this is a very hard case to make stick. The company would have to have a pattern of rejecting applicants for their criminal records even when the criminal records have nothing whatsoever to do with the job for which the person is being hired and the impact of that would have to fall more heavily on minorities. And, of course, this only works if you yourself are a minority. If the crime involved here was theft or some other crime of dishonesty, that is related to a lot of retail jobs since retail employees tend to have access to store money and/or inventory and thus might steal from the employer. No employer wants to hire someone who might be more likely to steal from them.

  4. #4
    Join Date
    Feb 2008
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    Default Re: Can I Sue a Company in Florida

    It is possible that 4 years ago it was recent enough not to make it in their background check depending on how they do it and what 3rd party they use. Just because they missed it then doesn't mean they can't consider it now. If they do an adverse employment action (i.e. rescind the offer), they will need to provide you with a copy of the report and the FCRA pamphlet telling you how to appeal anything incorrect. If the information IS correct, then I agree with Taxing Matters that you would lose any kind of case. If your conviction was stealing any amount, that is good cause to not hire.

    Did you disclose the conviction on your application? If not, that could also be a legitimate reason to rescind the job offer. Of course it does depend on the question asked. But if you answered wrong and they found the conviction they don't even really have to care what the conviction is for because they have you at falsification on the application.

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