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Not Your Typical Employment with Misdemeanor Question

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tsmith

Junior Member
What is the name of your state? California

Hello.

The company I work for was recently acquired by another company. As part of the acquisition I had to fill out applications, signed offer letter, employment forms and agreements. I put them in the mail Christmas Eve. Christmas night I was arrested for DUI (stupid I realize).

On December 31st I formally started with the new company (ie. hired).

Question:

On the application it asked if I had any Felonies that were either not expunged or not related to the company's business. I answered truthfully: No. It did not ask about misdemeanors.

The next night I was arrested for DUI which if I get convicted is a Class B Misdemeanor.

Oddly enough, none of the documents specifically said a background check would be performed.

I guess what I'm asking is:

1. Do I need to notify my employer about my arrest?
2. If convicted do I need to notify my employer?

Note: The job does not require driving frequently and my boss from the company that was acquired (who will remain my boss) has been advised of the situation and said that since I live close to the office it shouldn't be a problem if I do lose my license for a period of time.

3. Since the application specifically asked about felonies and not misdemeanors; and because the arrest and if there is an ultimate conviction occured after the application process - is there anything to be concerned about? I do not believe I was in any way dishonest.

4. If they later run a background check under all the conditions I described above, is the Misdemeanor or arrest alone grounds for firing? I know I am an employee at will - but I am really good at my job. I guess what I'm asking, is the type of thing that HR simply will not accept and must fire over?

Thanks for the assistance. And sorry for the length of the post.

Tom
 



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