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I met with hiring manager, interviewed with 4 members of the team including The Dept Head and was offered the position via the hiring manager. We negotiated the salary twice and the Head of the Dept came back with final salary and the offer was signed.

The background was already being processed and to my understanding should be fine. I don’t have any background issues. Well the problem arises when I received a letter stating my credit history had a bankruptcy in it.

This is shocking to me because I divulged bankruptcy to the hiring manager before the interview process and don’t understand why she would let it get this far and not tell her management team. We talked about everything and caught up on each other since we last worked together in the past six years. She even sent me messages via LinkedIn asking if the start date still works and I confirmed that it did.

I gave resignation a few days shy of two weeks due to a holiday and Mgr accelerated resignation to that being my last day of work because I was going to a competitor.

After 2 grueling weeks of providing info to new employer and clearing up any questions they said a committee was reviewing and would get back to me, they eventually said we’re glad you’re getting your credit back on track but we’re standing on the rescinded offer.

Now I am without a job, cant get unemployment due to me resigning and no income for almost a year.

I have tried to obtain work in my field and keep getting messages that we’re impressed with your experience and qualifications as you’re a great candidate BUT we have other candidates who closely matched and decided to pursue those.

These companies just don’t care. If you can provide any legal assistance I’d really appreciate it. I think there should be some recourse on the company providing the premature information.

The Hiring Mgr now won’t even respond to calls or LinkedIn msgs from me. She asked her HR Dept to follow up with me. She and I were looking forward to working together and we generally liked each other. She actually reached out to me because we previously worked together and she said I’d be great at this job as she knew I did it before and pursued me for the position. I didn’t even apply for it until after she sent me the company links. She sought me for the position.

I think she was premature in her position and should not have sent me an offer letter until they were sure they were hiring me.

Most people don’t believe my story because LOTS of people have filed bankruptcy to make end meets in between jobs and the fact that I was working and went from having a good paying job to now no income at all.

BTW the employer and the prospective employee are financial institutions BUT I had the bankruptcy before obtaining the job at what was the current employer.

Sorry for the long story but wanted to provide as much as possible.

Thank you in advance.

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    I'm voting to close this question as off-topic because it is asking for legal advice and should be on Law SE. – Ertai87 Jan 11 '19 at 18:16
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    This entire post has no question marks, is there a question in it? – Trevor Jan 11 '19 at 18:29
  • Where are you? The laws are different in different countries (or, in the US, states). This is a legal question, and therefore off-topic here Iit depends on the offer letter, and would be individual advice, so law.stackexchange.com would be unable to help you. You need to talk to a lawyer to find out what your rights are. – David Thornley Jan 11 '19 at 19:16
  • Trevor D - the question was in the subject! – TheStruggleIsReal Jan 11 '19 at 20:00
  • Joe Strazzere thanks I’m actually doing that and just wondered if anyone had a similar incident. I just came across this website when surfing the net for more legal advice and saw some of the questions. This was my first posting. – TheStruggleIsReal Jan 11 '19 at 20:02
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I am not a lawyer but usually if the offer you signed was contingent on a successful background ( credit ) check then unfortunately there isn't much you can do.

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  • This is typically the way things work--signed offer letter then background check then final approval. Companies don't want to pay for the expense of a background check unless they're (relatively) sure you're going to take the job. – AffableAmbler Jan 11 '19 at 18:37
  • Thank you for the info on the process but I’ve never had this happen before, – TheStruggleIsReal Jan 11 '19 at 19:58
  • I definitely was taking the job and the Hiring Manager knew it. I am leaning towards what another banking HR rep told me. He said he’s done this before and that it could possibly be the fact that there may have been another candidate who came in at a lower salary. He went far enough to tell me he dug deep enough to find anything that he could use against this person but also made sure he was protecting that bank. – TheStruggleIsReal Jan 11 '19 at 20:23
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Whether or not you have any legal recourse is going to depend on the language of your offer letter. For example, if it says that they can rescind the offer if you have a bad credit history, then you definitely would not have legal recourse.

The best way you can figure this out is by taking the signed job offer to a lawyer and asking them if you have any legal recourse.

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  • Yes it doesn’t read that it reads background check so I’m going to pursue it further. Also I found more information stating the Plaintiff May file a case incurring damages of lost income due to the withdrawal. That I can definitely prove. Thanks. – TheStruggleIsReal Jan 11 '19 at 20:18

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