Legal Question in Employment Law in Maryland

Re: Background check

From a practical standpoint, they can let you go regardless of the law, so you might want to try to keep the old job until you are cleared for the new one. Perhaps just tell the new company you'd rather wait for full clearance before giving up your old job.

Legally, they should not refuse to hire you unless the "ding" is job-related and their refusal to hire you is necessitated by legitimate business concerns. For example, if you are applying to be a bank teller and were arrested and/or convicted for embezzlement, they would be within their rights to assume you could not be trusted to handle money.

By the way, there are rules for what a company must disclose if they do a background check - it comes under the FCRA (Federal Consumer Rights Act). So, if the company refuses to hire you, you should ask for an explanation and copy of any investigative report they received on you, plus all other rights you are entitled to under the FCRA.

If it turns out they do not hire you and it is not justified, you can sue for discrimination if you believe it may be racial, age, sex, national origin, etc. (These cases are usually racial, and it is usually African-Americans who are most impacted.) You would file a claim at the local EEOC office. It is free and you do not need an attorney.

Goood luck.

Jeff Sheldon

The Sheldon Law Firm

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.

Re: Background check

They sure can - at any time in the future.