Terminated For Non-Diclosed

[txm]

What is the name of your state (only U.S. law)? Iowa

I was recently terminated for non-disclosure on my employment application. I indicated on the application that I was convicted of OWI in 2013. I failed to declare another OWI I received in 2001 - thinking it was off my record. When the company did a background check, the only charge shown on the report was the 2013 conviction. However, it was listed as OWI-Second Offense. As a result I was terminated immediately.

I was just wondering if I had any chance of regaining my job.

Thanks!!

 

[Proserpina]

What is the name of your state (only U.S. law)? Iowa

I was recently terminated for non-disclosure on my employment application. I indicated on the application that I was convicted of OWI in 2013. I failed to declare another OWI I received in 2001 - thinking it was off my record. When the company did a background check, the only charge shown on the report was the 2013 conviction. However, it was listed as OWI-Second Offense. As a result I was terminated immediately.

I was just wondering if I had any chance of regaining my job.

Thanks!!

The employer is not legally compelled to rehire you, if that's the question.

 

[txm]

Was also wondering about the legality of being terminated for something that did not show up on my background check. The only charge that appeared on the background check was the one I declared on my application.

 

[LdiJ]

Was also wondering about the legality of being terminated for something that did not show up on my background check. The only charge that appeared on the background check was the one I declared on my application.

They could legally fire you because they did not like the color of your socks...seriously. The issue would be whether or not you could collect unemployment benefits.

 

[Proserpina]

Was also wondering about the legality of being terminated for something that did not show up on my background check. The only charge that appeared on the background check was the one I declared on my application.

The words "second offense" appeared. You listed but one offense. Of course they can fire you.

What you have to realize is that while many states prohibit employers from discriminating based on criminal history (and there are exceptions, obviously), that protection flies out of the window if you lie about it.

Not all background checks are the same, either.

Move on.

 

[txm]

Thanks to both of you!!

 

[cbg]

Just as an FYI, criminal offenses are forever. They never "fall off" your record. It's not like a credit history where eventually it goes away. Criminal records are for life.

Depending on your state law and the nature of the offense, there might be a limit to who can see it and what will show on a so-called standard background check (though there really is no such thing as a standard check). But it's there, forever, and you can absolutely legally be fired/not hired for leaving it off.

 

[davew128]

Just as an FYI, criminal offenses are forever. They never "fall off" your record. It's not like a credit history where eventually it goes away. Criminal records are for life.

Depending on your state law and the nature of the offense, there might be a limit to who can see it and what will show on a so-called standard background check (though there really is no such thing as a standard check). But it's there, forever, and you can absolutely legally be fired/not hired for leaving it off.

I'm going to disagree with you on this, and seeing as you're in Massachusetts, its relevant from your perspective even if the OP is in Iowa. MA CORI laws allow for sealing records after 5 and 10 years from end of sentence for misdemeanors and most felonies respectively. The effect of the sealing doesn't make the criminal record go away, but it DOES allow one to answer no record if asked by a prospective employer and allows for restoration of federal gun rights. Most states with sealing and expungement laws allow for similar answers in that situation.

Having said that, it doesn't appear that there is a sealing or expungement for a DUI in Iowa.

 

[cbg]

And since the OP is not in MA that is totally irrelevant.

 

[davew128]

And since the OP is not in MA that is totally irrelevant.

Remind me again where you mentioned anything about Iowa law? Or should I repeat how your blanket statement about criminal records is wrong even in your OWN state?

 

[Zigner]

Remind me again where you mentioned anything about Iowa law? Or should I repeat how your blanket statement about criminal records is wrong even in your OWN state?

Her statement was correct. Sure, there are steps one can take to hide their records, but they don't just go away entirely.

 

[cbg]

I said that criminal records do not go away. They do not. Even you agree to that.

They can be hidden in some states and in some circumstances. I acknowledged that.

So precisely what are you claiming I said that was incorrect?