Mel Mitchell
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My BF was hired at a company. He provided the info for a background check and a week later was hired. He didn't disclose the pending charge as we researched the laws in MA and they stated since it's pending n not convicted he doesnt have to disclose. Either way they hired him and on his 1st day they fired him due to pending charge. Is there anything he can do. Seems they should have had the background check prior to them hiring him?

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about 2 months ago
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Keith Greenleaf
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7 people found this answer helpful

contact an attorney, sounds like that falls under discriminations, or wrongful termination. google pro bono lawyers for work related terminations. they will help you. free.

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Harry Rau

go back to a life of crime, but do not get caught, rent Boondock Saints, The Usual Sespects, Heat..

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Alison Costa

What did his offer letter say? Pending he passes the background check? What kind of job was it? Not enough information to answer the question. I’ve certainly fired someone for lying on their application because the application explicitly says you can be fired for lying on your application action.

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Phoebe Montrie

I'm surprised they hired him before the check was complete, since they are already the kind of place that wanted to run one. It's strange they didn't just wait a few days for the results, but I'm sorry this happened! I know it seems unfair, but these days a lot of employers can let people go for all kinds of reasons. At Will Employment creates a situation where the employer doesn't always have to defend their decision, even if the underlying reasons are inappropriate or unfair. If you feel they were intentionally discriminatory or broke the law in any way, feel free to seek legal advice or take a complaint about them a step further. Otherwise it's probably best for him to keep applying elsewhere and trying again. Good Luck! 💞

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John Bearden

Many companies will offer employment. Contingent on passing the background check. How was the wording in the background form? Did it ask specifically if he had been convicted of a crime or does it mention pending charges. If it mentions pending charges and those weren’t disclosed then he falsified his background documents by not disclosing. Furthermore it’s not illegal to not offer employment on pending charges. A companies policy regarding criminal activity is set by the company not your state legislature. In California marijuana is legal and smoking is legal in all 50 states yet my company will still drug test and nicotine test and if you test positive for either then you will fail the test and employment offer will be rescinded. The law states it is legal to smoke by the company policy does not have to allow for it.

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Tammy Peneku

Failure to disclose becomes a trust issue. Is it something they would fire you over?

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Susan Puckett

I'm sorry this happened...but MA is an at will state..meaning an employee can quit for no reason and/or an employer can terminate for no reason... since the background check showed something as pending charges, the copany has the right to not proceed with the hiring. Most background checks take a minimum of 2 weeks - sometimes longer to get returned which is why most companies have a clause "hired pending background check" in their paperwork. The company is well within it's right to not finish the hiring or to terminate the hiring if they are not comfortable with the pending charges. A job is a proviledge...not a right... and a company has a right to be selective to a degree... of course they can not discriminate based on age, sex, race, etc...but they do have the right to not hire people that may not be good for their company ... for example...a day care center hiring someone and then finding out they have a pending charge of child abuse.... they do not have to hire that person just because they made them a preliminary offer of employment. Pending charges can take a lot of time to come to court or be fully investigated...especially if your friend was arrested and pled not guilty...that could then become a pending charge due to further investigation. There is no need to contact an attorney in this case. At best the company would be forced to hire him and then within his probation period would fire him for another reason. Move on and chalk it up to experience.

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Harold Dodd

This could be a case of wrongful termination depending on state employment law and statutes. On the other hand, this could depend on the nature of the charge, i.e., sexual harassment, assault & battery, financial or bank fraud, drug possession or trafficking, etc. In cases like those, employers also have the right to protect their company's assets, reputation and current employees.

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Aran Strode

Keith is right. Google the law in this matter for your state labor laws and rights. Research the company's policies. If there are factual statements that go against what happened, file an EEO complaint in detail of what happened including the company's policy of such action (if you find anything). More over all if you find a state or federal labor law that goes against what happened to him, GOLD! Those trump (haha) any company policy

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Ebony Charles

If the application asked “have you ever been charged” then he would have to had disclosed. If the application said “have you ever been convicted” then the answer would have been no and you should consult an attorney.

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