I apologize if this is the incorrect forum for this type of subject, but this was all I could find for Canadian legal concerning records!
Recently I applied for a job posting, was brought in for two interviews and then offered the job; I resigned from my current job and began this new position. While I was filling out the paper work a “Condition of employment” was to have a clean record search done (of course mine was tarnished 11 years ago, pardon in the works) and as a result I lost this position after only 1 day.
Now my question is should this “Condition” not have been stated in the job ad or in the interview process prior to accepting it?
Thanks!

It seems odd that you had two interviews and they did not mention anything regarding a background check considering one of the main points of a face to face interview is to personally assess the prospective employee.

Did you have the background check done? If not, you may have the right to refuse any background check done by an American company (and definitely do not give your SIN#). My suggestion is to go to the police and have a criminal record check done (after all it is your criminal record). If I am not mistaken, a Canadian criminal record check only states you MAY have a criminal record. (Canada has strict privacy laws) Obviously the downside of this approach is that it arouses the suspicions of the employer.


Although an employer does have the right to terminate an employee, if it is done in an arbitrary or haphazard manner (ie hiring you then doing a background check) then you might be able to complain to your provincial labour board.

There was also a recent human rights decision in Quebec where an instructor was reinstated after his employer found out about his criminal past.

In fact, checking with the provincial labour board might be your best bet in this situation.
If no bridges have been burnt, find out about the ETA of your pardon. The employer may be amicable to hiring you after the pardon clears.

Things like this happen all the time here in the States. I just had a good friend who was actually given a job, paperwork done, starting the classes for it in 2 weeks and BAM! Her background check came back with a prior drug felony from over 7 yrs ago.
I held a job that I loved and was promoted for 2 yrs. Then my asst manager somehow found out about my HUSBANDS background and found a sneaky way to fire me. I didn't know about it at the time or I would have fought tooth and nail for my job.
It is all against the law here, but very few people want to go through the trouble of fighting it.
Good luck.