Pardon me for the dramatic title but this issue has literally ruined my life. Let me explain I need help big time PLEASE take a moment to read. I was recently an executive with a major eCommerce company probably THE major internet company in Silicon Valley. I was the head of their criminal investigations for North America and started this company's fraud program etc. I also consulted with the Gov't on terrorism finance investigations and helped a great deal there as well as helped many other gov'ts arrest major crime figures. Basically I was at the top of the heap in that profession.

I was recruited by a major bank to take a position as a VP in their information security area. I took the position to be nearer to my elderly mother and the rest of the family on the East Coast. It was a cut in pay but it was closer to "home." My wife was a Director at another large corporation she also left her position to follow with me. I passed the background investigation and was told to give notice at my company because they had a rushed need to fill this position. I gave notice and about a week later was asked to submit to the finger print background check. I thought no problem I have passed this before and do very sensitive work for the Gov't. I packed up the family and flew to North Carolina.

The day after my arrival at the corporate temp housing I was contacted by HR and told they were rescinding the offer because I had, as a teenager, bounced 3 checks (total less than $150). I honestly had completely forgotten about what to me was a non issue. I was told I had 5 days to rectify this matter. Due to my connections with the gov't I was given some special treatment to get my paperwork put through to the County's Prosecutor for expungement. We (feds and I) all felt that a minor offense that happened 23 years ago should be no problem. Well the prosecutor denied it stating Nolle Prossed was my one break and he was not giving me any other.

The bank is now totally unwilling to help me I have my family in temporary housing, my household goods aregod knows where on a moving truck and I think I may nolonger be qualified due to this nolle Prossed to ever hold a job in an area that I have basically developed. No one was doing the types of criminal investigations I was doing in the private sector. It is not an exaggeration to say I basically changed the way federal and global law enforcement goes after cyber criminals and no one has had more success at it.

My question is, can they REALLY drop the offer for a non criminal prosecution that occured 20+ years ago?

Can they leave me and my family hanging out here in the breeze like this?

I do understand that an employer can do just about whatever they want job wise but I feel they have completely damaged my family and our earning potential. I am basically getting the cold shouldernow and HR is not even returning my phone calls. I have been VERY respectful and have not burned any bridges ont his matter.

Have you ever thought about becoming a consultant?

Double the pay but half the time at home. I would think that there is a great deal of interest in your line of work right now, and that people would be more than willing to pay for it in 6-18 month increments.

I would consult a lawyer as you have a lot on the line here, but chances are, they can hold the bounced checks against you, particularly if you are in a position with as much responsibility as you claim. Banks in general have very strict standards for those who work there and have access to funds, even electronic funds. It also doesn't make sense that they would pay to move you and your family if they didn't intend to follow through with an offer.

Unfortunately for you, professional accomplishments don't matter one whit when it comes to these sorts of detrimental reliance claims. Past accomplishments don't change the legality.

I GREATLY appreciate your responses. Sometimes it is nice to just have someone to reach out and touch so to speak. I am trying not to burden my family (beloved wife, mom, siblings) and be strong. I also have massive spinal injuries sustained as a marine and I am pending (I put it off for the new job) massive reconstructive surgery of my spine and the pain with this situation is almost too much to bear. I really am afraid of some of my thoughts, I am learning too quickly that being proud can sometimes make your fall very difficult to manage.

I do have 1 more piece of information. Without specifying the other company I will say we did get acquired by another internet powerhouse. There was some "bumping of objectives" between my group and the new parent company. We were far more developed in the anti fraud processes and frankly just better at it. The parent company was also doing some things I couldn't morally agree with so I had many "difficult conversations" with the big boss of the greater division. I found out that he did contact a friend of his at this new place (he slipped in a conversation) but he said he only sung my praises. Well having dealt with many a dirtbag and liars I could tell he was lying to me. Besides how many people sing the praises of people they dislike. Though I have no way of proving it. The reason for the new company rescinding the offer sounds substantial but I have been told that it is untrue. You are correct that it is a sensitive position but Nolle Prosssed is not a criminal conviction so them maintaining they cannot hire with a conviction is suspect.

To be honest several people in the "feds" have immediately responded with sue sue sue. I also was given access to a top of the line lawyer in SF Bay area who also said I may have grounds for a suit. having said that I doubt I will unless I find out some additional information. I have never been keen on suing. Silly I guess.

A consulting company is a good call and the "feds" have suggested that many times during the years claming to be able to push business to me. I have no idea how to run a business though it does seem to possibly be very lucrative if what they tell me is true.


Thank you both again for your responses very kind of you to take a moment to help out.

Unfortunately, even if true that your former employer did say something less than flattering about you, as long as it was their honest opinion, it is still perfectly legal.

Nolle Pros just means they didn't prosecute. It isn't a charge in and of itself so I don't know what exactly the charge was in the first place. If this refers to the bounced checks, it takes a lot more than overdrawing your account once or twice to get to the point where charges are even filed.

I would definitely speak with a lawyer just too be sure but again, if the company had a valid reason to recind the offer, you don't have a case. It doesn't have to be a reason you agree with, so long as it is their policy and reasonable enough that it isn't clearly bogus. Like if you got a parking ticket when you were 17 and that was being used to disqualify you, the reason would be so absurd it would almost have to be bogus. If you have anything in writing from this company, I would take that to the lawyer with you.

Thanks I only remember since it was over 20 years ago going and paying off the checks and unfortunately the prosecutor doesn't even have record of the incident on his computer system so I think that explains his reluctance to expunge something he doesn't have all the details of. Sort of an odd situation where it shows the basics in the Criminal Justice system as being a misdemanor but no details and I am guessing thatis enough for the bank to make their decesion. I'll just need to move forward Ireally am not interested any type of suit against them I just was hoping for a way to explain that the issue is not a criminal conviction but I think working there now would be less than desireable since they may have a unfavorable view of me. Thank you again for your input.

I would request a copy of the background check results from the employers provider. Under the FCRA you should be able to dispute any information that is included in the report.