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Well, I was offered a job at a restaurant but their were…

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Well, I was offered...

Well, I was offered a job at a restaurant but their were questions about my background. They initially got an answer yesterday saying that I was ok and was scheduled training for Wednesday, but was told today that because of the background that they pulled the offer. I was told by management that I got the job a few days then today was told not. It was not companies fault but it was the background check company that was the one that said one thing then another. Can I sue the background checking company for this

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had a felony on my record from 5 years ago and it was a gray area. The restaurant told me to come in with SS card, ID and Banking info for Direct Deposit Plus, I filled out all of their paperwork already

Submitted: 1 year ago.Category: Legal
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Answered in 5 minutes by:
3/21/2017
Lawyer: LegalKnowledge, Attorney replied 1 year ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,556
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

Good afternoon. So at first, the background company failed to inform and report them of the felony and then corrected it?

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Customer reply replied 1 year ago
I told the restaurant about the felony in the initial interview. The restaurant initially said there was an issue with the background not coming back but proceed to bring in to fill out the paperwork and direct deposit information. Yesterday, they told me that my background was at 85% and then proceed to schedule me for a training session for Wednesday. Today, the manager said that she got the call from the background company that I was not cleared and that he hands were tied.
Customer reply replied 1 year ago
She expressed regret that she wanted to hire me, but that her hands were tied
Customer reply replied 1 year ago
The background company is going to send me a letter stating why. They did not tell the manager why this came about
Lawyer: LegalKnowledge, Attorney replied 1 year ago

Thank you for the reply. Based upon what you shared, I am not sure the background company did anything wrong. If they needed time to fully report it to the restaurant and the restaurant did not want to wait until he was complete, there was nothing wrong or necessary illegal about what they did. If the company is wrongfully reporting this and negligent with their findings, you could have a basis to sue but if it took longer then expected and the company did not hire, once they got the full report, there may be no basis to sue them.

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Customer reply replied 1 year ago
But the background company failed to do their job because if there were any red flags, that should have been raised prior to me even going in with ID, SS card and Direct Deposit stuff. I am not blaming the restaurant for this.
Lawyer: LegalKnowledge, Attorney replied 1 year ago

You shared that they told you there was an issue with the background check ahead of time, so it would indicate they were waiting on it to be reported and complete. How did they fail to do their job? If they needed more time to complete it, they have a right to ask for it and the restaurant should have just waited then, if the hiring was contingent on this.

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Customer reply replied 1 year ago
The background company said one thing then 24 hours turned around and said something totally different. If someone at the background company said, what a second, do not do anything with me until everything is turned. But, because I was told different things by the restaurant, I told my current employer that I was Friday. Now because of this, I look like a idiot.
Customer reply replied 1 year ago
I am not blaming the restaurant in this. They said they want to hire me.
Lawyer: LegalKnowledge, Attorney replied 1 year ago

I completely understand your frustration. The background company has a duty to properly report their findings, so a decision can be made, regarding you being hired. If they messed up at first and caught their mistake and then corrected it, it would not be a basis to sue them since they are reporting what is accurate.

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Customer reply replied 1 year ago
The thing is this. I was offered an accept a job, then just as I am about ready to start training, then I get the rug pulled out of under me AND you are saying this is all legal!
Customer reply replied 1 year ago
I was offered a job, then accepted, then the restaurant said I do no have the job. AND I am suppose to accept this
Lawyer: LegalKnowledge, Attorney replied 1 year ago

They decided to not hire you because if the findings on the background check. I understand the report may have been delayed but once they obtained the final report, they made a decision. Even if they hired you and found this out next week, they could still fire you. Indiana is an “employment-at-will” state. This means that an employer may generally terminate an employee at any time and for any reason, unless a law or contract provides otherwise.

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Customer reply replied 1 year ago
I am not happy with this answer. Someone dropped the ball, someone did not do their job. If someone did their job one of two things would have occurred, either 1 I am working at that restaurant or two they would have told me straight up that we are not hiring you. I know that this an at-will state, but I should not have been dicked around like this
Lawyer: LegalKnowledge, Attorney replied 1 year ago

I do understand and am sorry for what you went through. You do not have to believe me and can speak with local counsel, who may want to take your care. I have an obligation to be upfront and honest with you, even if it is not the answer you want to hear.

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Customer reply replied 1 year ago
Then what recourse do I have?
Customer reply replied 1 year ago
other than complaining to the background company
Lawyer: LegalKnowledge, Attorney replied 1 year ago

I am going to opt out of the question and allow someone else to answer and try to help. I think it would be best at this time.

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