Legal Question in Employment Law in California

I was hired as a lifeguard recently at a facility run by the city of seaside, CA. I had made a mistake on my job application but I was still hired and then fired a few weeks later. On my application there was a question about a criminal record and if I had any felonies. I answered no to this question. I was confused by they way it was worded and unsure of how to answer it. In 2009 I got a DUI but it was a misdemeanor, not a felony. As soon as I was hired by the city of seaside I informed the woman who hired me that I messed up on my application and that I got a DUI 3 years ago and I asked her if this was going to be an issue. She told me it wasn't going to be, and continued to move forward with the hiring process. I signed all the paperwork and I was told that I was now an employee for the city. Then when my background check came back, I was called in for a meeting with the director and she told me that they were actually not going to hire me because they thought I lied on my application. I told her that I wasn't trying to lie, I just misunderstood the question and didn't know how to answer it. I also let her know that the first chance I got to speak with someone there, I was upfront and honest about the misdemeanor I got 3years ago. She continued to speak to me as if I were lying and didnt really listen to what I was trying to make clear. All she told me was that when someone doesn't inform them of their criminal history, they won't be hired. I made efforts as soon as possible to make it known but it doesn't seem to matter at all. I would just like to know if there is anything I could do or what my next step should be.


Asked on 6/01/12, 2:15 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

next step? look for a new job.

In general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. Even if not 'at will', resume fraud is cause for immediate termination. Your explanation of 'misunderstanding' does not change that.

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Answered on 6/01/12, 12:27 pm


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