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Employee did not include misdemeanor on application
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Employee did not include misdemeanor on application
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Employee was hired, given start date, signed offer letter, great references, medical cleared, however fingerprints showed a DWAI from 1997 which was not on application, so we asked for disposition fro
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Forums » Topic Forums » Legal Forum » Employee did not include misdemeanor on application
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Employee did not include misdemeanor on application
posted at 11/29/2010 2:09 PM EST
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Posts: 5
First: 11/27/2010 Last: 12/2/2010 |
I'm sorry about posting here, it came up when I did a search. I am obviously anxious about this whole situation. I gave my 2 weeks notice at my old job, and my last day was last Weds! I had to go all through Thanksgiving weekend nervous about whether I still have a job. I have to get through the end of this week to find out (hopefully I'll have an answer as to when my new start date). Thanks for your responses.
BTW, it is not a driving job, and I'm wondering if the issue for the need for a "committee" is more that my DWAI was omitted from the application and less of what the actual criminal offense is and how long ago it took place. The HR person I've been working with said she had to put all of my documents together and "present" it to her supervisor and the committee which meets once a week! |
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Employee did not include misdemeanor on application
posted at 11/30/2010 1:49 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
While it's certainly overkill on the part of your prospective employer, it's not illegal. If you end up not getting this job, I recommend you respectfully ask your former employer for your old job back. If the answer is no, then file for UI, and consider consulting with an attorney about detrimental reliance. While you probably won't get very far with that - even though you might have a good case, it might also be prohibitively expensive to pursue it - at least you'll have a better idea about what your options are. |
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Employee did not include misdemeanor on application
posted at 11/30/2010 3:29 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
I agree with hrbth on all except the "case" for detrimental reliance. I don't think you have a case at all and shouldn't even bother an attorney. It is what it is and by your own admission you did not fully read the application correctly.
With that said I'd consider it a mixed blessing. Do you really want to work for a company like this? |
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Employee did not include misdemeanor on application
posted at 11/30/2010 5:34 AM EST
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Posts: 544
First: 9/27/2004 Last: 9/13/2011 |
I apologize, I didn't realize you were the applicant. I think you are right about it being more about the disclosure than the actual incident. Don't let this bring you down, it could very well work in your favor.
When I was in school I had a few job assignments that required security clearance (post office, law enforcement, local and state government) and they were all very clear about what I needed to disclose. Maybe a letter from an attorney would help. |
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Employee did not include misdemeanor on application
posted at 12/1/2010 7:49 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agreed this should be an easy one for any good HR department.
But I do know that ANY misrepresentation or leaving off of information on our application is cause for termination if found. So if the question asked about misdemeanors and you failed to disclose it, then your offer would be rescinded. But it would also be rescinded for other omissions or falsehoods. So I suspect it is more about that than the actual DWI. |
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Employee did not include misdemeanor on application
posted at 12/1/2010 7:50 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Plus I would look at it this way...if you can't fill out an application correctly and I would think it would be VERY important for you on how you answer that question, do I really want you working with my business, my data, my customers? Details are very important. |
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