Legal Question in Employment Law in Georgia

I was a great employee working with a company for three years. The company was recently bought out. I had to fill out a new application, on that appliation a question states" Have you ever been convicted of a crime other than traffic violations?" I marked no to that question. The company sent a letter to my house 3 days later stating that I was denied employment due to a conviction record that was not disclosed on my application. I proceeded to call the company to see if if they could elaborate on what the conviction was, I explained to her that my case was not a conviction, it was a dismissal in which I have court documentation support that. She insisted that I go to the courts to see what was going on because my background check clearly states the disposition of the case as a conviction. I then called the company that performed the background check and they stated that the charges on my case state a dismissal not a conviction. She also informed me that she was going to contact the company I apply to explain to them the background check error, and to make sure that I was given the opportunity to dispute anything before being denied employment. Later that day I received a call from the background company updating me on the conversation with the company. The company told the background company, they did not proceed with the hiring because of my "motor vehicle report" and will not further consider my application. The companies reasoning for not hiring me does not match the question about me ever being convicted of a crime other than traffic violations. Do I have any rights in this situation?


Asked on 6/05/11, 7:48 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

There is no general right or entitlement in Georgia to any employment (absent a contract stating otherwise), and an employee can generally be terminated or denied employment for any or no reason. There are very few exceptions for limited types of unlawful discrimination not raised in your post. There is no requirement that the reasons for termination or denial of employment be to the employee's satisfaction -- a reason generally need not be provided at all.

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Answered on 6/05/11, 7:53 am


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