Legal Question in Employment Law in California

Hello,

My name is Roxanna Parsa. On Friday, October 7, 2011 I was offered a position at Scripps Clinic. I accepted and was told my start date would be Monday, October 24, 2011. That gave me just enough time to give my 2 week notice at my current employer. On Friday, October 14, I received an email from Scripps notifying me that I had to complete my new hire paperwork. I was given a username and password to sign onto their online employee website. I completed a W-2 and one other form. On Thursday, October 20, I still had not heard from Human Resources. I emailed the Nursing Supervisor for the department I was hired for to ask what time I was to be in on Monday. She emailed me back and said there was a hold on my background check and I was to contact Human Resources. This is almost 2 weeks after accepting the position. After contacting HR, I was told that because I did not disclose that I had a misdemeanor 6 years ago I would not be qualified for the position any longer. I explained that because it was 6 years ago I didn't think I needed to disclose it and I thought the question was only referring to more serious crimes. I apologized for the oversight and explained that I was not trying to hide any information, and that i had signed a consent to do a background check. She replied by telling me that failure to disclose this information disqualifies me. This happened around 3 p.m. Thursday, October 20th, my last day at my current job. So not only was it my last day but now i have no job to go to. I don't understand how they can offer me a job, give me a start date, have me give my 2 weeks notice and have me do new hire paperwork then wait till 1 business before telling me that I no longer have the position. I don't believe it takes 2 weeks to do a background check, I should have been told a few days after accepting the position. And on top of that, I was the one that called them to find out. Now without a job I'm unable to pay my rent, my car and pay bills. I believe someone in the HR department dropped the ball.


Asked on 10/24/11, 1:14 pm

1 Answer from Attorneys
Roy Kohler Law Offices of Roy Kohler

You may have a claim against Scripps Clinic. It appears they may not have acted reasonably by not informing you immediately of their decision not to hire you.

You may want to consider small claims Court.

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Answered on 10/24/11, 1:40 pm


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