Hired, but then denied..

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steviejmail

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I live in Florida, I applied for a job with a company, The interview went very well. The manager called me back and offered me the position, when I went in to meet her and fill out the paperwork for the background/ slash drug screen, i told her that i had an arrest but it was not a conviction, she continued to let me complete the paperwork, and sent me to take the drug screen . After about 2 weeks from not hearing anything back from her, I called to check on the status of everything, she avoided my calls. so eventually I called the background check company to request a copy of what they had sent to the employer, the only check that was done was the drug test, she never requested a background check after i told her about the arrest. My question is was it legal for her to deny me the job based on an arrest even though i was not convicted, (which is what that company check for when they perform a background check) Was my rights violated?
 
Your rights were not violated.

The employer doesn't need to provide you with a reason for not hiring you.

The employer isn't legally bound to return your calls.

You have no case upon which you can launch a cause of action.
 
If the prospective employer and/or background check company only inquired about convictions, why would you volunteer that you had an arrest which did not result in a conviction? Strategically, volunteering this information appears to be a move with little or no upside.

Unfortunately for you, Florida is not one of the few states which prohibit discrimination against individuals with criminal records. If you were applying for an "at-will" position, your prospective employer could deny you employment for no reason or any reason (as long as said reason did not contravene a law or a contract).
 
Not only that. They can use those free search engine sites and you'll never know they ran a background check on you in the first place. A friend of mine works as a HR manager and he says it's common practice.

They are getting sneakier every year...
 
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