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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12363
Experience:  JD, MBA
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I was offered a job. I turned in my 2 week notice. 17 years

Customer Question

I was offered a job. I turned in my 2 week notice. 17 years ago I was arrested but not convicted. The new employer called me today and said that the found it on my background check and have to take back the offer. My current job did a check and it never came up. (the crime was years ago...almost 20 and in a different state). Can the employer who offered me the job and took back the offer, call my current employer and tell them about this?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: the arrest was in Texas in 1989 but now currently live in Ohio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: at will
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Q: Can the employer who offered me the job and took back the offer, call my current employer and tell them about this?

A: Yes, it would be lawful because it's a matter of public record (i.e., there is no invasion of privacy issues), and it's the truth (i.e., there is no defamation issues). However, I think it is extremely doubtful that they would contact your current employer. I would be shocked.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also,please remember to provide a positive rating via the stars(and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)