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Getting fired for a lame reason. Really lame.

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What is the name of your state? What is the name of your state? MD (work in VA)

Almost 2 years ago I got a call from a company that wanted to speak to me about joining them. I went and spoke with them and liked the company. During the hiring process I filled out an employment app. and for whatever reason I checked "NO" to have you ever been arrested when I have been. I didn't mean to because I knew they would do a background check. I think when I filled it out I was quickly coping stuff from my resume and I hit the wrong box.

At any rate, they did the background check, found out about my past and called me in to talk about it. I fully explained everything and answered all of their questions truthfully. They said:

"It's no problem, don't worry about it. You still get the job".

I signed my offer letter and started work the following month. About a year later I got a review which said nothing but wonderful things about me, a raise and a bonus.

Now, we are coming up on my second year and they told me I'm now being fired for checking the "NO" box on the app. The HR person sent to fire me was the same person that hired me, and the same person that said this wasn't a problem and not to worry about it.

I called the company's main HR office in NJ (we are based out of NJ) and explained everything I just explained here. I was told they would talk with the person that hired me and then speak with the head of HR. However, she left me with the feeling that this isn't going to work out by saying something like

"I'll call you when I know what we can do, if we can do anything that is."

I have a feeling I'm not gonna get my job back. Plus, being fired like this might stop me from getting unemployment. Is there anything I can do. Should I call an attorney?


Unfortunately, you have no recourse. The fact is that you misrespresented yourself on the employment application--this is true regardless of whether it was clarified prior to employment or not.

The oddity of your situation is if they knew and didn't care for two years, what changed? Is there any reason that they could be looking to terminate you?


There are layoffs coming up but I was told by my manager that if this had not happened I would have not been laidoff.

The letter they gave me said they did an audit of employee files. However, if this was looked at as a mistake and accepted by them 2 years ago shouldn't it had been corrected back then? For example, if I wrote down my address incorrectly wouldn't they just change it once we figured that out?


I'm a Northern Girl
The fact of the matter is, whether you did it on purpose or not, you did falsify the application. You could have been fired immediately. Nothing in the law says that since they didn't fire you over it for two years, they can never fire you over it. It isn't easy deciding which employees to lay off, and you had a ready-made reason sitting in your personnel file. I don't see any recourse.

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