Legal Question in Employment Law in California
Disqualification during interview process due to omission.
In 1994 I was terminated from a hospital after a 6 months. The terms of the settlement compensated me for an additional 3 months in salary and benefits; removed a substandard performance evaluation from my file; stated that future employment at the hospital would not be blocked; and lastly, a non-disclosure clause barring either party from discussing anything about the my employment while at the hospital.
I recently applied for a position with a large hospital management company. The hospital that I have the settlement agreement with is an affiliate hospital in this hospital system. I have deleted reference to my employment at the hospital where I worked in 1994 from my resume. My candidacy was rejected at the hospital system due to this ommission. I tried explaining that my settlement agreement has a non-disclosure clause. The hospital system sticks to its position that I was rejected because I ommitted information on my resume about working at an affiliate hospital.
Do I have any recourse?
1 Answer from Attorneys
Re: Disqualification during interview process due to omission.
No. the nondisclosure clause usually does not prevent you from stating that you worked there but usually bars discussing the circumstances of your leaving. Perhaps you should have an attorney review the agreement and advise you specifically what you can and cannot discuss.
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