Job offer rescinded

New Xvho01
Apr 14 17 Comments

I was made an attractive conditional offer of employment. I voluntarily disclosed even prior to accepting a minor blemish on my criminal record (felony drug arrest dropped to misdemeanor paraphernalia offense, adjudication withheld, clean record so in the process of being sealed). HR said they couldn’t say for sure. I’d just have to go through the process, but the recruiter and the hiring manager seemed pretty sure it’d be fine as long as I’d been honest during the very long background check process.

The background check came back clear, but the job offer was rescinded. Reason claimed was “misrepresentation.” I tried to dispute on the basis that I provided a brief summary in addition to the arrest report, and having been transparent from the beginning, it could as easily be considered misinterpretation.

Since the company (who happens to be a leader in the HR industry and provides SaaS recruiting solutions claimed misrepresentation, there are no grounds for discrimination or any other argument. It was suspicious in that the county in which I live and the offense occurred was left off my background check, as if to ensure that no claim to discrimination could be made.

Not sure what the question is, or if there even is one. Just something that still bothers me. Would like some input from others, recruiters especially, who might know what might have happened.

comments

Want to comment? LOG IN or SIGN UP
TOP 17 Comments
  • Uber kettle
    Sounds super sketchy. Probably no legal recourse but you should go scortched earth and write a detailed blog post.
    Apr 14 0
  • Oscar 🐨koala
    Let it go. ADP aint a good company anyway. Your time is better at other companies.
    Apr 14 3
    • New Xvho01
      OP
      This oddly made me feel a lot better lol
      Apr 15
    • Oscar 🐨koala
      Probably because it came out of a koala’s mouth. Oddly I am awake.
      Apr 15
    • New Xvho01
      OP
      That too. Not only are you awake, you are woke.
      Apr 15
  • New 666 666
    Sounds like they decided not to hire you because of the record. Some sort of informal policy, just in case.
    Move on and good luck.
    Apr 14 2
    • New Xvho01
      OP
      Thank you! Not that I’d want to work with them after all this anyway, but what was really harsh was that they said misrepresentation disqualified me from employment with them forever. That felt kind of judgey. The legal system didn’t even adjudicate but a recruiter did based on an email and an arrest report. Ouch lol
      Apr 15
    • New 666 666
      They shifted blame on you, crafty trick!
      Dont expect any real feedback from companies, because it would expose them to legal actions.
      Apr 15
  • I’d say go work at BambooHR but they just dropped us as a client because we work in cannabis. Still some old fashioned folks out there.
    May 6 1
    • Amazon hahahah1
      So you guys were fired by bambooHR because using drugs?
      May 6
  • New Xvho01
    OP
    Lol scorched earth. Never heard that. I like it. Thanks
    Apr 14 0
  • Amazon sunshine99
    Hire an attorney. It could be illegal for employer to do this. Btw r u convicted for that misdemeanor?
    Apr 21 3
    • Amazon 🏄 🦈
      It's not illegal, you can refuse to hire people with criminal background regardless of whether convicted
      Apr 21
    • Amazon sunshine99
      No if it’s arrest without conviction then it’s illegal to fire based on this. Arrest alone is not criminal record
      Apr 21
    • Amazon 🏄 🦈
      Untrue, your can fire someone for ANY reason other than the protected classes listed in the civil rights act, and "people who have been arrested" is not a protected class.
      Apr 21
  • Amazon 737max💥
    If this was a US based job you're out of luck. US is employment at will, so even if they hired you they could terminate you same day for no reason. Employment offers are never really binding on either party.

    Only thing they can't do is base that decision on race, religion, gender, etc., but "person with a criminal history" is certainly not a protected class.

    You say that record is being sealed. Once that happens you shouldn't need to disclose it after that, so maybe wait until that happens and then just move on.
    Apr 14 1
    • Amazon sunshine99
      But was OP ever convicted?
      Apr 21