October 9, 2024

Obligate Law

Professional Law Makers

Microsoft Rescinded a Job Offer After Background Check

Microsoft Rescinded a Job Offer After Background Check

In the 2009 issue of New Jersey eAuthority, there was news published regarding the Schley v. Microsoft Corp. case. Apparently Microsoft revoked its written job offer to a candidate after failing the background check. According to the story, the plaintiff was sent a letter by Microsoft telling him that he’s being offered a job for the company. It did however, mention in the letter, that the offer only is effective if he’s cleared after the background check. He probably missed that part through all the excitement, because he ended up, not only without a job, but without a home as well. It seems that he went to talk to the hiring manager who, maybe simply trying to be friendly, suggested he quit his job, sell his house, and transfer from New Jersey to Washington, to be prepared for the position, which he instantly did so. But he later then was told he failed the admission for the job after being found out that he had a felony conviction record.

This incident is a grave example not only of what jumping into conclusions could do, but what a criminal background check result could cause. Although the story might have sounded so negative because of the deprivation of work for the said plaintiff, it should be remembered that the letter was at some pointed drafted to mean well. It even included the conditions about the offered work. Almost every establishment around the state, especially the large ones, requires not only a criminal background check for its employees and applicants, but a comprehensive background search all in all. These background checks cover everything from previous employment history, to significant license and credit records, and many more. These prerequisites are necessary in order for the company to be able to evaluate an applicant or employee’s capacity, attitude, assets, and behavior.

In most cases, the incident above could have gone a different route had at some point the plaintiff disclosed the felony conviction prior to the job offer. This information could prove to be helpful in finding ways to contradict a company’s withdrawal because if they had known about it before, say during an interview or something, they wouldn’t have the reason to be shocked after the conviction appeared during the background check. However, if the said information wasn’t disclosed, then the applicant really is at fault. Basically because he should have known the effects of a felony charge being in an individual’s background. This type of information is a terrible case sensitive issue that should immediately be relayed to the hiring committee so as to be cleared whether it would influence your application’s process. When you’ve done all these, at least you’re guaranteed that when they do request a background check from you, they already know at some point what to expect from it. And that the information you shared to them, after they had heard it, wouldn’t bother them nor go in the way of your application anymore. If and only if, they’d still consider the process after you’ve told them about the condition of your background record.

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