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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12493
Experience:  Significant experience in all areas of employment law.
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I have worked company months through a temp agencey and

Customer Question

I have worked for a company for 4 months through a temp agencey and after my 90 day probation period was up they offered me a full time position with them, not telling if I had anything on my back ground they wouldn't hire, even though I showed unyielding loyalty, I went above and beyond for that company, as soon as my back ground check came back they fired me. Is that legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, employment in the state of Nevada is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. It also doesn't matter whether the employee is "probationary" or full time.

So, regrettably, there generally is nothing that you could typically do about an employer rescinding a full time offer based on information contained in a background check. The only exception would be if the information that they based their rescission on was a prior wage claim, workers comp claim, sexual harassment lawsuit, or some other conduct that might be considered legally "protected." If they based the rescission on a criminal conviction, poor reference from a former employer, or most of the other things employers look at when conducting background checks, there will be no violation of the law and, as an at will employee, any such discoveries can lawfully be used as a basis to deny employment.

The silver lining to all of this is that you should have no problem getting approved for unemployment benefits as you look for a new job.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Customer: replied 1 year ago.
ok thank you and i was also wondering if I could hold my temp agency responsible because they knew that the company would not hire if i applied. Is that false representation of a worker? because it did cost me my temp position with that company because they lied to them as well as to me. Is there any legal recourse I can take?
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for your reply. While I certainly appreciate your frustration here, there is just no basis for liability against either the temp agency or the employer. Lawsuits, at their core, are premised on breaches of legal duties, and here, your employer did not have a duty to continue employing you and the temp agency did not have a legal duty to inform the employer about problems with a prospective background check. So, your sole recourse is limited to attempting to reason with both the temp agency and employer with the hope that they will reconsider.

Again, I wish I had better news, but I do hope you will appreciate my efforts to be candid with you so that you can move forward and so that you do not waste money on an attorney who cannot change your situation. Best wishes to you this new year.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.