Not a problem at all. Here is more information from my husband. I apologize for any duplicated info but I wanted you to have it. He wrote it out in anticipation of finding an employment attorney if needed:
I am writing you because I have been informed by a prospective employer that an offer for employment will be rescinded due to adverse information found on a criminal background investigative report. The offense occurred greater than seven years ago, and there have been no further blemishes at all since then.
I was informed via telephone conversation with a human resource specialist that the reason why the offer was being rescinded was because I did not answer a question truthfully on the job application. The question was stated as follows: “Have you ever been arrested for or convicted of a crime (including misdemeanors and felonies) that has NOT been annulled by a court?”. The offense that I was actually charged with was driving with ability impaired (DWAI), which in the state of New York (where the infraction occurred), is not considered a crime, misdemeanor or felony, rather, a traffic infraction. Thus, my feeling was that I did not answer the question deceptively.
I had already been screened by employee health, and had pretty much gone through the entire pre-employment process. I was advised five days before orientation that the offer would be withdrawn on the basis stated above. I had already found a place to live in the area, which is approximately 130 miles from my current residence, and would've necessitated relocation (the position is located in the state of New Hampshire). I paid the landlord a deposit of $1950 to reserve the house. After explaining the situation, he agreed to refund me all but $500 of the deposit, as he had withdrawn his craigslist ad from the Internet after I paid the deposit.
The HR specialist at the hospital did say that I would have an opportunity to challenge the findings presented by the criminal background company. However, if the report states that DWAI was the offense, I am not inclined to question it because that offense in fact did occur. So, I'm not sure what good that process will do. I was told I should receive a letter in the mail with instructions sometime in the upcoming week.
In the two days subsequent to receiving this news, I made repeated attempts to contact the HR specialist by e-mail and voicemail to discuss the matter further. All of those attempts were ignored; I received no call back or e-mail response from them whatsoever. Ultimately I did find out through the employment recruiter that their VP had spoken with the HR specialist, who basically told them all they were going to do was send the letter presenting me with the opportunity to challenge the reports findings. I would not be eligible to attend orientation as scheduled.
I feel that it is grossly unfair that I am being denied this opportunity. I was laid off from my previous employer October 3, so this last-minute change in plans is particularly devastating. I'm reaching out to you because I don't know legally what recourse I may have, if any. However it does seem that the treatment I have received was unfair, and in a sense, rather cruel as the “bad news” was delivered just a few short days before my scheduled orientation.