Legal Question in Employment Law in Florida
expungement discloser
My son has an expunged record from the State of MD.
He recently was hired at a job in Florida which does a FBI background check. He also had to fill out a questionaire form asking if he was ever arrested or has any sealed/expunged records which he said ''NO''. After 2 weeks on the job, he was fired because the company learned about the expungement during the background check & the claim it is their policy that since he did not disclose his situation that can not keep him onboard. Is there any recourse?
1 Answer from Attorneys
Re: expungement discloser
No. Even though Florida is an employment at will state and you need no reason to fire someone, his employer has every reason to do this once it learned he lied on his application.
If there is a sensitive matter that needs explanation, he can make a notation that he would like to discuss the matter at the interview. This may send up a "red flag" to the potential employer, but this is better than having them discover a false statement.
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