Can an Employer refuse to fulfill your employment contract due to the delay in background check clearance?

Early April, I got offered a job at a security firm in California and signed an employment contract, HR manager told me that my background check for a guard card could take anywhere from 2 days to 6 months.

I was expecting it to take a little over a week, but it barely cleared on May 10th but I have yet to get called in for training.

Can they refuse to give me a position on the basis that my background check took too long?

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2 Responses to “Can an Employer refuse to fulfill your employment contract due to the delay in background check clearance?”

  1. Kate Says:

    That should be covered in your actual contract, which I can’t read from this distance.

    There could be a time frame that they have to call you, or it may not actually start until they choose to call you. Some are that broad.

    If there is a clause about it and they are outside of the time limit, you need an attorney to sue. You’ll never win on your own.

    If you are unsure, you can either wait, hire an attorney (most do a free consultation and will tell you if you don’t have a case outright), or find another job because it’s all a huge pain.

    Good luck with whatever you decide.

  2. Misty Says:

    Yes. But if you ever have any doubts about your rights, contact the Dept of Labor in your state and ask to be put through to the the right department within the Dept of Labor. They have investigators which look into complaints made and you can just as easily call and speak to one on the phone. They can help you with labor standards and wages, things like that. You don’t want to talk to someone in the Dept of Labor who works in the division that finds you jobs. There are other parts to the Dept of Labor. What exactly was in that employment contract? It could not have been a full one really, because they didn’t have your backround check. There may be something where they don’t have to hire you now since time has passed and they don’t need you now, that kind of thing. Look into it. Call the Dept of Labor. Or you can call a labor attorney/employment lawyer who gives "free consultations" and ask the question. Alot of info can be gotten from those ‘free consultations’ especially if you call as many lawyers as you can who give ‘free consultations’.