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Terminated for misinformation

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ashtoes

Junior Member
What is the name of your state (only U.S. law)? Georgia

I was recently hired for a job and the day I was supposed to start human resources called me and said that my background check came back and did I know that there was a misdemeanor. I said yes, but that the last time my background check was done it came back clear and that is why I did not list this on my application. She said that because of this they were rescinding my job offer. I asked if it was due to the misdemeanor itself or the fact that it was not on my application. She said because it was not disclosed on my application and that I was welcome to reapply and disclose the information. She called me today and told me to pursue other jobs. Is this legal? It was accidental misinformation and I was told that the misdemeanor was fine and that I just needed to disclose it.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Georgia

I was recently hired for a job and the day I was supposed to start human resources called me and said that my background check came back and did I know that there was a misdemeanor. I said yes, but that the last time my background check was done it came back clear and that is why I did not list this on my application. She said that because of this they were rescinding my job offer. I asked if it was due to the misdemeanor itself or the fact that it was not on my application. She said because it was not disclosed on my application and that I was welcome to reapply and disclose the information. She called me today and told me to pursue other jobs. Is this legal? It was accidental misinformation and I was told that the misdemeanor was fine and that I just needed to disclose it.
Absodanglutely. What, did you think they were okay with hiring someone who was untruthful from the very beginning???
 

Banned_Princess

Senior Member
Plus it doesn't appear you were terminated, you were just not hired, and theres nothing illegal about not hiring someone... in your situation. Other situations may or may not be different.
 

ashtoes

Junior Member
Absodanglutely. What, did you think they were okay with hiring someone who was untruthful from the very beginning???
Actually, I was not being untruthful. I was told that the item was no longer on my record and that I did not need to list it on applications anymore. I explained this to the lady in human resources. I was not trying to lie to them. I am not an idiot, as you obviously think I am. Why would I be stupid enough to not put something on there I knew they would find out about? It was not on the application because I was wrongly told that it was not on my record anymore. But thanks for the smart reply, like I don't feel bad enough about the situation, you try to make it look like I am an idiot...thanks

And to banned_princess, thank you for your reply.
 

swalsh411

Senior Member
Actually, I was not being untruthful. I was told that the item was no longer on my record and that I did not need to list it on applications anymore.
I highly doubt the application asked for "only things that would show up on a background check". You really have nobody to blame but yourself. Continuing to maintain you were completely truthful really brings your credibility into question.

Anyway good luck with the job hunt.
 

ashtoes

Junior Member
I highly doubt the application asked for "only things that would show up on a background check". You really have nobody to blame but yourself. Continuing to maintain you were completely truthful really brings your credibility into question.

Anyway good luck with the job hunt.
The application actually asked about any misdemeanors in the past 5 years. This item was almost 7 years ago. So, thanks for that, but I cannot really blame myself for not listing something that was longer ago than the application asked for.
 

Andy0192

Member
... my background check came back and did I know that there was a misdemeanor. I said yes, but that the last time my background check was done it came back clear and that is why I did not list this on my application. She said that because of this they were rescinding my job offer. I asked if it was due to the misdemeanor itself or the fact that it was not on my application. She said because it was not disclosed on my application...
This doesn't jibe with this:

The application actually asked about any misdemeanors in the past 5 years. This item was almost 7 years ago.
Why wouldn't you just tell the HR person that the misdemeanor was from 7 years ago?
 

Betty

Senior Member
but that the last time my background check was done it came back clear and that is why I did not list this on my application.
All background checks are not created equal. What will or will not show up on any individual background check depends on the type & how thorough of a check the employer does.
 

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