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Discussion in 'Termination: Firing & Resignation' started by moltern, Feb 4, 2009.

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  1. moltern

    moltern Law Topic Starter New Member

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    Basically I was made an offer of employment. The offer was as long as a satisfactory background check and drug screen. I was asked to report on the Fed 2nd. Back in August I filled out all this paper work etc for pre hire. Background checks, education verification etc. So, once I signed my offer I was basically told that they ran a background check to make sure nothing new had appeared since the one in August. Well come half way into my first day I was told that I couldnt be approved for employment because I failed to disclose something. On a form I signed...

    Have you ever been convicted of a crime, other than a minor traffic offense? Convictions include guilty and no contest pleas, nolo contendere, probation, adjudication with held and diversion programs. If “Yes”, please explain:

    I certify that the facts set forth in this Application for Employment are true and complete to the best of my knowledge. It is understood and agreed upon that any misrepresentation by me on this application will be sufficient cause for cancellation of this application and/or separation from <company> if I have been employed.

    Which I answered no. Back in August when they ran my background check two Summary Offenses did appear. No jail time...just two fines. I was unaware that this had happened. I was 19, and had a lawyer take care of everything for me. Since then It had never come up on any background check ever. So this was all new to me. However, it wasnt an issue back in August. They as for documentation and explanations etc. I provided that to them and then we moved forward in the hiring process.

    Then come in Fed 2nd, when they were approving everything after the offer was made. I guess someone in HR had notice I put no on that form and said that we can't hire you. As I said before I was 19 when that I had happen. It never had come up before and I honestly had never even thought about it because of that. So between that, and the fact they had this information since August and approved me for Pre Hire and put me through 5-6 months of interviews etc and made me an offer. On the form it says:

    I certify that the facts set forth in this Application for Employment are true and complete to the best of my knowledge. and... Any misrepresentation by me on this application will be sufficient cause. My manager and the Vice President both agree that I had no intention of being fraudulant with the matter.

    And something else that come up that I found out...

    Summary Offense: A minor offense for which a person may be sentenced to a term of imprisonment for not more than ninety days. Common summary offenses include disorderly conduct, criminal mischief, underage drinking, and a first offense for retail theft of goods valued at less than $100 (shoplifting). Conviction of a summary offense is considered a conviction of a crime only if the individual is sentenced to any period of incarceration.15

    15 18 PA. CONS. STAT. ANN. § 106.

    So even though I had no memory of what happened when I was 19 until it was brought up with background check....and the fact that form ask Have you ever been convicted of a crime, And according to what I read about Conviction of a summary offense is considered a conviction of a crime only if the individual is sentenced to any period of incarceration.15

    Is there anything that I can do? Basically even though my manager and vice president agree that I did not intentionally lie about the summary offenses on the form, it seems that HR is having a more difficult time with it. Even though out of anyone during the hiring process...the manager is the one who would know me the best and be able to make the judgment call. And no to mention they had this form since August, and anything they needed in regards to the matter I provided with them back in August. So, after they made me an offer, I resign from my job and actually had a half of day of working in already. They tell me because I did not disclose that properly on that one form they cant hire me.

    And summary offenses were for underage drinking and disorderly conduct. The other thing is that those summary offenses have never once come up on any background check that I have ever had and basically after my lawyer thook care of this 10 years ago....it has been a dead issue that has never come up nor have I ever thought about
     
  2. seniorjudge

    seniorjudge Super Moderator

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    A job offer is not a contract.
     
  3. moltern

    moltern Law Topic Starter New Member

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    I actually did sign a contract...but that is not the issue. Its the fact they had this form since August, the issues were out there since August. They basically had me resign from my previous employer and show up to work and then tell me that a form they had since August and had used throughout the hiring process was no good.
     
  4. seniorjudge

    seniorjudge Super Moderator

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    Did they sign the contract?
     
  5. moltern

    moltern Law Topic Starter New Member

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    Yes I did sign the contract, and was working my first day before this was brought up.
     
  6. seniorjudge

    seniorjudge Super Moderator

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    Thank you.

    Now...please answer the question:

     
  7. moltern

    moltern Law Topic Starter New Member

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    Oh sorry, I didnt read the question correctly. Yes they did sign the contract.
     
  8. seniorjudge

    seniorjudge Super Moderator

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    I don't see where you said that you had a contract, but if you have a copy of a signed contract that was signed by you and your employer, then carry it to an employment law attorney.
     
  9. moltern

    moltern Law Topic Starter New Member

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    If they say that they are not hiring me because I failed to disclose on that form, but they knew of this back in August...and asked me to provide documentation for it all back in August. Yet they extended the offer to me and then somebody else in HR notices that form and all the documentation and raises the flag on it. How can that be justified?
     
  10. moltern

    moltern Law Topic Starter New Member

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    The offer = contract
     
  11. seniorjudge

    seniorjudge Super Moderator

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    No, that is not contract.
     
  12. moltern

    moltern Law Topic Starter New Member

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    Summary Offense: A minor offense for which a person may be sentenced to a term of imprisonment for not more than ninety days. Common summary offenses include disorderly conduct, criminal mischief, underage drinking, and a first offense for retail theft of goods valued at less than $100 (shoplifting). Conviction of a summary offense is considered a conviction of a crime only if the individual is sentenced to any period of incarceration.15

    15 18 PA. CONS. STAT. ANN. § 106.


    Is this technically true? I mean if thats the case answering no to the question which is where the problem is would actually be no. However, I know its a fine line etc and that it should have been disclosed regards had I known about it. But technically the way that reads I'm not sure that I had to put down yes.
     
  13. moltern

    moltern Law Topic Starter New Member

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    I meant when they extended the offer I signed a contract. Offer = contract in my orginial post.
     
  14. seniorjudge

    seniorjudge Super Moderator

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    Post back after you have gone to the lawyer.:angel
     

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