Question about Background Checks & Wrongful Termination

[snokyst]

What is the name of your state? Maryland

I recently started a job as an assistant manager and have been working for a little less than a week. Just this afternoon, I was terminated on the basis of falsification of my employment application. The DM explained to me that my background check conflicted with what I had checked off on the application.

The application asked if I had been convicted of a crime in the past ten years and was also instructed on the application to NOT answer yes if my conviction had been annulled, sealed, pardoned, expunged, erased or impounded. Because I have no convictions, I checked NO RECORD.

The next question asked if I had been convicted of any other crimes in the past ten years, again with the same "Do NOT answer yes if ..." Of course I answered no.

The DM questioned me if I had ever been arrested for anything or convicted, etc... which I answered no. However, after speaking with my mother about the situation, she reminded me of my little shoplifting incident back in 2001, which I had honestly forgotten about.

I was not arrested for shoplifting. When I found out I had been caught, I came back the next day and spoke with the LP manager and the store manager and returned the items I had taken. They did prosecute, though. I pleaded Guilty for a misdemeanor and the judge gave me Probation Before Judgement along with community service hours. My understanding with PBJ's is that they are NOT convictions and are supposed to be eliminated after the number of years given, pending everything went according to the rules and laws (which I abided by). I received no notification afterwards about the probation period ending or whether or not I had violated it.

My main question is can I seek legal action against being terminated based on an incorrect background check? The situation as it stands is that I am waiting for a letter that specifies why my background check didn't clear. Human Resources can't discuss the reason for termination over the phone. Is it wise to contact HR about the mistake or should I wait until I have a lawyer before I try anything? In online research, I have found that because I am an 'at-will' employee I can be fired for any reason or no reason at all (unless of course it is for another reason). Am I stuck like this or can I take any action? I have had a clean record ever since the shoplifting incident. Never been involved in anything that would be considered criminal nor CONVICTED of anything. Is a PBJ considered a conviction in the state of Maryland? According to my lawyer (back in 2001), after the year of probation was up, it would be removed from my record if I had no violations. I can't contact my lawyer, though; he passed away in 2006

So many questions... This is the first background check that I've had done. It shocked me when the DM told me that my application was falsified. I was hired before the background check cleared because they needed an AM on board as quickly as possible (was even given keys!). I thought it had cleared, at least that's what was explained to me. Oops.

Shocked and clueless.

 

[garrula lingua]

You were 'arrested' when you were issued a notice to appear in court.

You were incorrect if you told the DM you were never arrested.

 

[las365]

The termination of your employment was not wrongful. You lied on the application.

Your story is inconsistent.

Because I have no convictions, I checked NO RECORD...

...after speaking with my mother about the situation, she reminded me of my little shoplifting incident back in 2001, which I had honestly forgotten about.

If you were basing your "No Record" response on thinking you didn't have a conviction, it doesn't sound as if you had forgotten about your shoplifting bust.

Honesty is the best policy.

 

[snokyst]

More to Add

I should ask if, based on termination due to falsification of my employment application, that would go on my record. If I didn't intentionally falsify my application, can I be terminated(in this case, fired)? And since I have never been convicted, answering no to both questions is correct and not giving false information.

I understand that wrongful termination mostly applies to individuals who were fired based on religion, race, sex, etc., or a way to NOT pay out bonuses. This is not the case here. I did not check the company policy after the fact, but I do recall it saying that the company can terminate your position if you falsify anything on your application. Considering that it is possible that they have made a mistake, my gut feeling is that I wouldn't be able to make a case out of it; unless I can in order to clear my name, have the company apologize, and issue a letter to the store employees that my termination was a mistake (or an oversight if someone saw I had a case (a closed one) and missed the fact that it was a PBJ). What about compensating wages? Filing for unemployment?

The DM was highly suspicious when I explained that I had no convictions or had ever been arrested. It appears that if anything comes up, they can fire you without any questions. However, just between the DM and me, a phone called was made to HR to see about clearing the situation. Supposedly if an application is false, termination is immediate, even if I contest that their findings are inaccurate. The DM mentioned something about theft in 2002, which I answered as being false. At that time, though, I did not recall my shoplifting experience in 2001. Which my mom explained to me didn't need to be brought up anyway. Of course it helps to be honest... but I wasn't thinking.

The company is following company policy and procedures so there really isn't much I can do other than contest the information in the letter (which I won't get for a few days). I was just hoping for maybe compensation for loss of wages during this time of unemployment due to this situation.

 

[garrula lingua]

You were dishonest and you lied to the DM.

Why would you be compensated for having lied to your employer ???

How the heck can you 'forget' that you had a court case for theft in 2002 ??

 

[snokyst]

Thanks for the responses

Receiving a summons is considered arrest? I am under the impression that being arrested means that you were taken into custody by a legal authority. Hmm... Makes sense, though. But according to the application, I was never convicted of a crime. I was given probation before judgement which I believe is not a conviction if I pass the probation period.

According to case information, the document type listed is summons, case status is closed, the plea was guilty, and the disposition was PBJ Unsupervised.

-If you were basing your "No Record" response on thinking you didn't have a conviction, it doesn't sound as if you had forgotten about your shoplifting bust

When I filled out the application, I indicated that I did not have any convictions. Which, at the time, the shoplifting incident never came to mind. I suppose that would be considered negligence on my part. But I didn't check NO RECORD with the idea that I was thinking I had no convictions.

In retrospect, I've seen on other applications that they actually list convictions AND PBJ's, but this one didn't. It just said convictions. Would getting a PBJ in the state of Maryland be considered a conviction? My mother told me the lawyer had said it would not appear on my record. So now I am wondering if this is what is appearing on my record or if it is something else (which there is nothing else).

Yes, Honesty is the best policy and that has always been my personal motto. Unfortunately, I was simply ignorant.

The next thing to ask is if what they have on record is not mine... could that be considered wrongful termination? Again I understand that wrongful determination is better suited for individuals terminated based on race, religion, etc., or for beneficial reasons. And "wrongful termination" is probably not the word to use in this case since they were only acting based on their policy and procedures.

If a PBJ is not considered a conviction, then I did not lie on my application. Through ignorance and negligence I didn't inform the DM about the shoplifting incident. Again honesty is the best policy, but I've put that whole incident way behind me.

Thanks again for your responses. I appreciate any and all information.

 

[snokyst]

garrula lingua

Ignorance I suppose. I put it behind me that I just didn't think about it. I can be stupid like that. But it was in 2001, not 2002.

Compensation for lost wages would only be in the case of, if the letter reveals, the background check being false or something to the effect that I had nothing to do with. Slim chance, but that's what I was referring to.

If indeed the PBJ was regarded as a conviction and that is the reason for termination, I would not expect anything. I can only apologize to the DM for not informing about the shoplifting incident. It is then up to them to determine whether or not they want to rehire me.

I really can't do anything right now. I just want to be as much informed as possible. Specifically for future jobs if they require a background check, I would specifically want to know whether or not I actually have to list my PBJ as a conviction even though that's over.

Thanks again

 

[NannyM]

Check this site to see if it come up. That could be where they found it.

http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

 

[snokyst]

NannyM

Check this site to see if it come up. That could be where they found it.

http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

My mom told me to check online to see if there was any record of the case, which is where I found all the information on the case. But she told me that because it was probation before judgement, that wasn't supposed to be considered a conviction. I don't know. It's all very confusing. It is possible I could have avoided this whole scenario if I had remembered it in the first place. I made a mistake.

I checked with all the jobs I had between 2001 and 2008 to see if they ran background checks since on those applications I had written down that I had not been convicted (which is what the lawyer had said to my mom). In those past jobs, I told them I had never been convicted. Either they didn't run a background check or maybe they did and just ignored it (different store policy, maybe). I haven't heard back from them yet.

 

[mlane58]

Compensation for lost wages would only be in the case of, if the letter reveals, the background check being false or something to the effect that I had nothing to do with. Slim chance, but that's what I was referring to.

Slim chance---Uh NO Chance!

The next thing to ask is if what they have on record is not mine... could that be considered wrongful termination? Again I understand that wrongful determination is better suited for individuals terminated based on race, religion, etc., or for beneficial reasons. And "wrongful termination" is probably not the word to use in this case since they were only acting based on their policy and procedures.

No you don't understand, A wrongful termination under the law is very clear. If you were terminated because of your race, gender, age, religion, etc.... and with some states public policy, i.e. workers comp claim, then you were legally terminated. Being put on probation was being convicted, bottom line you lied, got caught and now you don't have a job.

 

[snokyst]

mlane58

I think you mean if termination was a result of race, religion, gender, etc... and as you said according to some state's public policies, like workers comp claim, then it would be illegal termination, as opposed to legal termination.

In my case, I understand that there is NO chance for compensation of lost wages, but as opposed to assuming I ask questions.

The shoplifting incident was not a felony. A person who is convicted of theft of property or services of a value less than $500 is guilty of a misdemeanor and is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services.

In my case, I immediately returned the items stolen from the owner when I had been caught. I was never apprehended, nor arrested by legal authority. The day after the incident, I spoke with the manager of the store, returned the stolen items and was informed that they would prosecute. Since I was cooperating, the manager said he would put in a good word.

According to Title 6. Trial and Sentencing; Subtitle 2. Sentencing; Part II. Sentencing Procedures; § 6-220. Probation before judgment; subsection (g), paragraph 1-3 of the Maryland Code and Court Rules, it clearly states that [on the basis of probation before judgement] (1)On fulfillment of the conditions of probation, the court shall discharge the defendant from probation. (2) The discharge is a final disposition of the matter. (3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.

I was not issued a fine. Community service hours were given and they were completed within a weeks time. According to what my lawyer had said, this is not a conviction and should not appear on any background checks as the terms of the probationary period were met. It is possible that the person running the background check looked up my information and found that I had a court case for theft back in 2001. Although the application I filled out clearly asks if have ever been convicted of any other crimes. I was right in saying I have no record of being convicted of a felony. And because I hold no other convictions, I answered no to being convicted of any other crimes in the past 10 years. There is no explanation of whether or not the company considers a PBJ a conviction. According to state law, if the defender fulfills the conditions of probation, the defendant is discharged from probation and the defendant does not receive a judgement of conviction.

Therefore, I did not lie on my application. Whether or not they compensate lost wages is irrelevant. I read further into wrongful termination and know that this situation does not warrant it. The company acted on their policies and procedures. The only thing I can possibly due is clear my name if it goes on record that I was terminated for lying on my application and still become elligible for rehire.

Then there is the issue with failing to bring up the past shoplifting incident to the DM. Which, even if I was stupid enough to forget, is still considered dishonesty with the company. It goes against their code of ethics. I can only apologize and hope for the best.

My only question was whether or not legal action could be taken IF, and only if, the findings were inaccurate. The gut feeling on my end is no, because it would only be a mistake on their end. It is embarrassing and humiliating on my part, especially if I am not at fault.

 

[mlane58]

Sorry, but you are wrong in your thinking. You were given a deferred sentence or adverse ajudication. An adverse adjudication is a finding, decision, sentence, or judgement, other than unconditionally dropped, dismissed, or acquitted. Deferred is: a sentence that is not passed until a specific period has elapsed in order to allow the court time to assess the behavior of the convicted person. It doesn't matter whether it was a felony or not.

 

[cbg]

Just for clarification, a wrongful termination does not mean that you were fired for something you didn't do. It means that you were fired for a reason prohibited by law.

That is not the case here. This is not going to be a wrongful term no matter how you slice it. There is no law that prohibits an employer from firing you because they find a discrepancy on your application, even if it is an error (which this does not appear to be).