What to do if I was fired after 3 years over falsifying an answer on my employment application?
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What to do if I was fired after 3 years over falsifying an answer on my employment application?
I had a charge 7 years ago that was expunged. The supervisor that interviewed me was told about this charge prior to starting our interview even though I don’t think legally I had to tell him. He received all the information and hired me but on my application I answered “no” to the question “Have you ever been charged of a crime other than a traffic violation?” I answered no because it was expunged and according to state law, I was told by the solicitor’s office that I would answer no. Now, 3 years later, I’ve been fired because of that question even though I told them about my incident.
Asked on December 28, 2012 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The only real issue is whether or not you had a written employment contract. If you did, you can only be fired in a way that comports or complies with the contract, so review it, to see what protection you have. If you did not have a written employment contract, however, you were an employee at will; an employee at will may be fired at any time, for any reason. Therefore, if you did not have a contact, you could be fired for this reason.
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