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  1. #1

    Default Hired Before Background Check Complete then Fired

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

    Hello. I was offered a position with a company in DC, a television news station. During the process I informed my potential boss of a misdemeanor conviction (May 2015) and that I have nothing else in my background.

    I was able to continue through the candidacy and the position was offered.

    Before the background check was complete I was encouraged to finish all other paperwork including tax info. Once the background check came back with the conviction, I was then terminated from the company. Not offer rescinded but fired. Is this legal?

    Please feel free to ask me questions.

    Thank you

  2. #2
    Join Date
    Oct 2016
    Posts
    3,307

    Default Re: Hired Before Background Check Complete then Fired

    Barring some contract that says otherwise it is legal. "Fired" is not a legal term. You are either voluntarily terminated (quit) or involuntarily terminated (fired).

    If you have already started work and they won't let you work there any longer then that is an involuntary termination.

    If you haven't started working there yet and they decide they don't ever want you to work there that is when they can rescind and offer.

  3. #3

    Default Re: Hired Before Background Check Complete then Fired

    PayrolGuy-

    Thanks for the feedback.

    Guess we call it involuntary. I thought it was odd to have filled everything out(State/local tax forms) as if I was in the clear and part of the team then to get paperwork in the mail stating I was terminated. COBRA info came along as well. All this without any time on the clock or walking in as an employee.

    What bothers me is the "closing of the door" on future consideration with the company that a termination brings.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Hired Before Background Check Complete then Fired

    Not illegal, however,

    And unless you had already been enrolled in health insurance AND the effective date of coverage had already passed, you are not eligible for COBRA.

  5. #5
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Hired Before Background Check Complete then Fired

    Quote Quoting Photographer00
    View Post
    I was then terminated from the company.
    Did you file for unemployment?

  6. #6
    Join Date
    Oct 2016
    Posts
    3,307

    Default Re: Hired Before Background Check Complete then Fired

    Quote Quoting chyvan
    View Post
    Did you file for unemployment?
    If the OP did or does the OP will need to list the employer he last left as his last employer.

  7. #7
    Join Date
    Aug 2019
    Posts
    1

    Default Re: Hired Before Background Check Complete then Fired

    I have a pending misdemeanor on my background and no one will hire me because of it

  8. #8
    Join Date
    Mar 2013
    Posts
    17,236

    Default Re: Hired Before Background Check Complete then Fired

    Quote Quoting Mandiefrog
    View Post
    I have a pending misdemeanor on my background and no one will hire me because of it
    No surprise there.

  9. #9
    Join Date
    Jul 2018
    Posts
    1,756

    Default Re: Hired Before Background Check Complete then Fired

    Quote Quoting Mandiefrog
    View Post
    I have a pending misdemeanor on my background and no one will hire me because of it
    Bummer. Did you think your pending misdemeanor was a good reason to resurrect this month-old thread that has nothing to do with you? If you have a question, start your own thread.

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