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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