Legal Question in Employment Law in California
Felony/Misdemeanor confusion on application
I went through a Personnel Agency to obtain a better position, this agency has on file, all pertinent information - so I presumed that before an offer was tendered, all references, all background checks, etc etc would have been obtained. This, however, was obviously not the case. A job was offered on the 25th of January. Accepted on the 26th. Notice given to current employer on the 26th - through February 11, 2000. On the 28th of January, contacted to schedule a drug screen (not previously mentioned - but not an issue, so I went for the drug screen - I assume that was the right thing to do). It now appears that a "routine" background check revealed a "felony" DUI in another state four years ago. I kept very little paperwork as I wanted to forget the incident ever happened, but I was under the impression that a DUI conviction was a misdemeanor and answered the "Have you ever been convicted of a felony?" negatively. I was not being hired for a position were my driving ability should have been considered. I have already quit my present job, do I have any recourse?
1 Answer from Attorneys
Re: Felony/Misdemeanor confusion on application
No, other than telling the truth on your next job application.