Legal Question in Employment Law in Washington
Do I have a case
In July 2007 I began the inteview process with a vendor to Microsoft. I completed the necessary employment application. They immediately requested and checked references. They made a formal job offer in writing Aug. 1st. I accepted immediately. I advised them I couldn't begin until Aug.27th do to my current employer's needs. I submitted my resignation on Aug. 13th. On Aug. 15 the employment offer was rescinded due to unfavorable information found in their background search. My employer at the time would not rescind my resignation stating I was uncommitted. The new employer had more than a reasonable period of time to conduct their research. The question on the application ''have you EVER been convicted...'' I answered NO, but 15 year ago I was convicted of a felony. I was told that 10 years was the max that employers can review. Regardless if the conviction was vacated the information provided by investigation sources still shows a felony conviction. Is the question ''Have you EVER...'' fair labor practice? Do I have a case?
1 Answer from Attorneys
Re: Do I have a case
You probably do not have a case.
Washington is an "at will" state, which means that, absent a contract to the contrary (such as a collective bargaining agreement), you can be fired at any time for any reason. There are some exceptions. You cannot be fired for belonging to a protected group, for exercising your statutory rights, or for a few other limited reasons that do not apply here. I have not heard that an employer cannot go back more than 10 years when asking about a felony conviction. Even if true, this would not give you the statutory right to misrepresent the facts on your application, only to withhold the facts. The employer has the right to discharge you, or, as in this case, to simply withdraw the job offer.
I know it seems unfair that, even though the conviction was 15 years ago and you have been living cleanly since, the problem still haunts you. However, you asked me whether you had a legal case, not whether I thought the situation was just.
However, under Washington law, if you leave one job to accept a legitimate job offer that is then withdrawn, you may qualify for unemployment. I urge you to go and apply. It does not replace the lost job, but the income will not hurt while you are searching.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
