Can job offer be rescinded based on pending felony charges related to job duties?
Q We recently conducted a background check for a candidate we offered a job to and found the person has a pending felony conviction for theft that wasn’t disclosed. Because the job requires access to maintenance equipment with limited oversight, we’d like to rescind the offer and allow the person to reapply if the issue gets resolved. Are we allowed to do this, and are there any legal protections for the candidate?
Yes. You may lawfully rescind the applicant’s employment offer if (1) the circumstances of the pending theft conviction are substantially related to the circumstances of the employment position at issue; or (2) the applicant was dishonest in the application process.
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