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I recently accepted an offer letter to a former employer,

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the background check said not...
I recently accepted an offer letter to a former employer, the background check said not to disclose Pennsylvania misdemeanors and now they're denying my employment because I didn't disclose the information. What can I do?
Submitted: 5 months ago.Category: Employment Law
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Answered in 3 minutes by:
3/8/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,923
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you accepted the offer for employment and you have proof they told you to not include misdemeanors on the background application, you could seek to sue them for breach of promise and detrimental reliance, since you relied upon their instructions and as a result you are losing the employment opportunity. Because employment is at will they cannot be forced to actually hire you and could choose to not hire you for any reason they choose, BUT when you follow their instructions and after accepting the offer they do not hire you because you did follow those instructions, that is a public policy exception to at will employment and good cause to sue for detrimental reliance.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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