Legal Question in Employment Law in California
falcify information on employment application (prior conviction)
I was told that based on a background check, I was being suspended from work for falcification of information on my employment application. The check revealed a case from 2003, in which I participated and completed a diversion program and per a letter from the county, the case was dismissed. Further, the letter states that in response to the question, ''have I ever been arrested,'' I can reply that I have never been arrested unless applying for a peace officer position.
I am unaware that any counts in this case were not dismissed, however, the company that suspended me asserts that one count in this case has not been suspended and I was convicted of a misdemeanor. The charge was a no license violation. (Currently, my driver's license is valid.)
I was told to provide proof that this count was dismissed. Also, I have been working for this company for over a month. (The background check information was dated 8/24/2006.)
If I am told that the case is dismissed, then I was never convicted of a felony OR a misdemeanor. (In fact, the report shows that the felony charges were dismissed.) I do not believe I falcified information based on that fact. Should I expect that I will be terminated anyway?
2 Answers from Attorneys
Re: falcify information on employment application (prior conviction)
California law makes it unlawful for an employer to terminate an employee who had a criminal case dismissed after completion of a diversion program (Cal. Labor Code, section 432.7). If you lose your job over this, contact an experienced employmemt law attorney in your area.
Re: falcify information on employment application (prior conviction)
If you are actually fired, it would be arguably in violation of the law barring employers from using a case dismissed under 'diversion' rules. If so, feel free to contact me to discuss.