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-   -   Fired for not revealing criminal charge from 25 years ago on employment app. (https://www.askmehelpdesk.com/showthread.php?t=414514)

  • Nov 9, 2009, 09:29 PM
    rlnoe1958
    Fired for not revealing criminal charge from 25 years ago on employment app.
    #1. I was fired from my last job due to a criminal background check report showed I did not reveal a charge of disorderly conduct from 25 yrs ago on the employment application. Actually the charge they came up with was for obstructing justice. That was not correct. After almost a year of me fighting, the state has corrected the information they have in their database on me. Over the years, I have held top clearances from the government and had numerous background checks and this has never came up. Is there a Statue of Limitations on how far back Employers can require employees to list their criminal histories on their employment app?

    I worked at my prior to that job for 7 years and only took the fired from job because I had been given a 6 months notice that my job was being abolished. I went to the fired from job a couple months prior to my final days at my prior to that job. I thought I would work there until retirement. I have lost everything, health coverage, life insurance, we are losing our house now…everything in my life is in shambles. Is there a statue of limitations on how far back an employer can ask/receive criminal information on an employee and fire them? For some strange reason, I thought they would eventually give my job back (after they saw they had received the wrong info on me) so all of this bad dream would go away.

    #2. I immediately filed and began receiving unemployment $ but did not put down I was fired from the company. I guess I did this because I figured it would not be approved if I was fired and I needed the money so desperately. After almost a year (yeah it took them a year before realizing I probably should not be receiving the money), unemployment found out I did not put down I was fired from my last job and have ordered I repay the almost $18,000 within 45 days. I am now on my 3rd appeal of their decision to side with the employer agreeing 1)I withheld criminal information on my employment application (whether on purpose or not knowingly) therefore violating a company rule (as the company had said) and also a new charge that I 2)committed fraud receiving money I was not intitled to.

    HELP me PLEASE anyone?
  • Nov 10, 2009, 07:18 AM
    excon

    Hello r:

    I'm not quite sure what you're looking for here. In terms of LEGAL advice, there isn't any I can come up with. You were less than candid on your application, and you got caught. You were less than candid on your application for unemployment, and you got caught..

    There is NO statute of limitations on how long your record remains. It's there forever.

    Ok, I have a bit of legal advice to give you... Hire a criminal lawyer because they're probably going to charge you with a criminal offense.

    excon
  • Nov 10, 2009, 07:37 AM
    rlnoe1958
    excon-thanks for the support. I honestly thought I would get some support on here rather than bashing about what a bad person you think I am. Just a liar about everything. This offense is from 25 years ago. Does that not make difference in your mind? Another lifetime. Why did no other company in my entire lifetime bring this up or have a problem with it? I guess however, I should thank you for putting it out so maybe no one else will have to say it from this point forward.


    Quote:

    Originally Posted by excon View Post
    Hello r:

    I'm not quite sure what you're looking for here. In terms of LEGAL advice, there isn't any I can come up with. You were less than candid on your application, and you got caught. You were less than candid on your application for unemployment, and you got caught..

    There is NO statute of limitations on how long your record remains. It's there forever.

    Ok, I have a bit of legal advice to give you... Hire a criminal lawyer because they're probably going to charge you with a criminal offense.

    excon

  • Nov 10, 2009, 07:44 AM
    excon
    Quote:

    Originally Posted by rlnoe1958 View Post
    excon-thanks for the support. i honestly thought i would get some support on here rather than bashing about what a bad person you think I am

    Hello again, r:

    Here's your FIRST problem... You can't READ. I don't think you're a BAD person. I don't know you. I DO think you LIED, and you DID. Recognizing it, ISN'T putting you down.

    Have a nice life.

    excon
  • Nov 10, 2009, 08:25 AM
    KISS

    In this day and age, no. It doesn't necessarally matter how good you THINK you do a job or how long you had it. Companies would like to eliminate people easily and with the least expense.

    That 25 yr crime may not have supposed to show up depending on it's outcome then and who's looking. In hindsight, probably the record you should have tried to have the record expunged.

    Remember that arrested/convicted are two different things. Arrested + (dismissed, convicted and acquitted) are many different things.

    Exact wording of original question would be useful here. This one is gray in my opinion.

    The unemployment one is B&W in my opinion.

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