Any answers on being fired?

I recently lost my job and I am seeking a new job either in the same field or something different. I originally was hired for one position with this company and that position changed within a month of my hire date. A new background check was required when this change took place but was not done. I did not know that a background check was to be done until this past month when I had to sign a form allowing it to be done. I got a letter in the mail stating the check was done and I would be contacted by my employer as to the decision. I went to work today and was told I was fired because I did not specify on my application about my record. On the application it asked if I was convicted of a felony, no I was not, it was a misdemeanor. I did not think that was such a big deal. Is this going to bar me from getting a job anywhere now?
Additional Details
I spoke to a couple people about this and I was told that the background check should have been done asap, not months later. The only reason it was done now is because they are being audited and they need to save their own butts. I think it was poor management on their part and the fact that they can fire me after the fact is bad. I do not know what to think now. I did like the job I had and valued it, I never did anything to give them a reason to fire me. All I hope for now is to find another job and move on. Thank you for the advice and anymore will be greatly appreciated.

michr

you may be able to draw unemployment if all your facts are correct it sounds as if you did nothing wrong. file the worst that can happen is you don't qualify for benefits and while there look into help finding suitable employment.

did they just want a reason to get rid of you? it seems as this is a petty excuse for termination.

in the future if the question is asked again about felony conviction check NO but explain you do have a misdemeanor that way this excuse won't be used to fire you again.
this should not impact your ability to find work in the future if anything it will help you(you now know some of the things that show on the background check).

you also have the right to have information corrected in the background check just like a credit report. perhaps the background check was wrong and showed you have a felony conviction you need to follow-up on that.

Scoots

I don't think so. First, I would go to the unemployment board for your state and tell them what happened, along with filing for unemployment. Your employer will have to contest that. I would ask them if there is any way to back up what you are saying by requiring them to submit copies of your application, the letter that was sent to you. It sounds like you did nothing wrong. If I was an employer and you had the skills and background I required, I would investigate your record. If it was a misdemeanor and not something terrible, I would consider hiring you.

El Jefe

If the employment form asked, specifically, "Have you ever been convicted of a felony?", and you answered, "No", then your employer has no grounds to fire you "for cause". Of course, they can let you go for any reason they want, but that shouldn't affect your unemployment.

Now, if the application also asked, "Have you ever been convicted of a misdemeanor?" and you answered, "No", then they DO have grounds to fire you "for cause".

You are under no compulsion to volunteer adverse information on an employment application that is not specifically asked. For example, if there are no questions about your personal health, you cannot be fired for failing to disclose that you have cancer. Now, if the question had been, "have you ever been convicted of a crime?", that's a different story.

The big problem about getting a job is that if prospective future employers contact your last employer about you, your last employer is going to tell them that you were fired for lying on your job application with them. If that isn't true, you need to either get them to agree in writing that you didn't lie, or else you should take them to court to force them to do so.

Generally, a misdemeanor conviction is not a bar to employment. There are some exceptions, and they depend on the nature of the employment and the nature of the misdemeanor. For example, don't expect to work for a police department if you have a history of drug or DUI misdemeanor convictions. But otherwise, this shouldn't hold you back.

Miss A. T.

It shouldn't be a problem. be sure you don't omit any important details on application forms to prevent this happening again.

leysarob

It might. Depends on what type of job you apply for. All you can do is keep trying, be honest with potential employers, and keep your record clean. Someone will give you a chance.

blakesapril

The employer is wrong. You can file unemployment. You will not have too much trouble getting a job. Felonies are what hold people back from some jobs.

What is your misdemeanor for? How long did you work for the company?

CatLaw

To really protect yourself, go to county court where your misdemeanor happened. Get yourself a CERTIFIED copy of the record that shows it was a misdemeanor and that you did repay/do restitution. If the clerk will not certify the copy, just have a few copies made.

In some states, and depending upon the crime, the restitution, and the length of time since the crime was committed, a person can get his/her record expunged of that crime. Expunged is a fancy legal word for deleted. You need to find someone in your state who is familiar with the laws to be able to see if this is possible for you. Try a law school that runs a legal clinic or a legal aid group or call a local bar assoc for a referral. If you do the leg work of getting a copy of the charge and the record of your repay, you will save money on legal fees.

Mel

What the company did was technically illegal unless they have a specific policy that prohibits them from hiring employees with misdemeanors (for example, this could be the case if you were required to maintain a security clearance.)

In most cases, Federal law allows employers to refuse to hire based on felony convictions only. IMO the employer was too quick to terminate you - it was their fault for not following their own process and completing the background check to begin with, and they should have worked with you to deal with the results if at all possible.

You do not have to explain to a future employer why you left this company, and a misdemeanor conviction is not an obstacle to employment in most cases. Good luck.

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