Legal Question in Employment Law in Florida

Background Check

I was offered a position and accepted the offer and started working

before my background check was complete. Which I was not

aware of. I had a discrepancy on my resume about one of my

degrees. It was brought to my attention after I had started my new

job and left my previous job. Three weeks later, after I have

performed so well that my imidiate boss refused to let me go,

corporate fired me. My issue is not with the fact that my resume

was misleading, but that the application procedure and

background check was performed in an untimely manner. If I had

known there was an issue, I wouldn't have accepted the position

and I would have job security today. Do I have a case?


Asked on 7/30/04, 5:12 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Background Check

No, you have Chutzpah. Whether you did so intentionallly or unintentionally, your employer believes that you lied on your application. If anyone may have a cause of action it would be the employer based on you defrauding the employer into hiring someone who was less qualified, than you represented yourself, and accordingly, worth less than what they were paying you. It is however highly unlikely but in the future never lie to future employers and read your employment application again before you submit it to make sure it does not have any "mistakes." In any event Florida is generally held to be an "at will" state for employment purposes meaning that the employer could hire and fire you at will. In return employees can quit at their will. There are exceptions to this general rule but your facts as presented show no such exception as being applicable. Good luck, stay honest, and no we are not hiring.

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Answered on 7/30/04, 6:05 pm


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