Is it illegal to withhold part of an application from an employer?
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Is it illegal to withhold part of an application from an employer?
Basically. I was arrested and have pending charges but have no even had an arraignment for said charges yet. The charges have not even been formally filed. My current employment suspended me pending the criminal investigation. I went and got a new job. This new job application had a page asking about any arrests. I did not complete that page or turn it in to the employer. I answered that I had not been convicted or adjudicated of a crime. Which is not a lie. I was given the job on the spot as soon as the boss got my application and looked at it. The boss nor HR ever mentioned the missing information from my application and i attended my first day of orientation. Then, 2 days later, the boss called saying the received my background check and there was a pending charge and because of that they had to discharge me. Fast forward, I applied for unemployment but was denied because the employer says that I lied on the application. However, in reality I never lied I just never provided the information they asked and they never noticed and never brought it to their attention, and got hired anyways. Will I win the unemployment appeal since I did not technically lie on the application? Also, is it illegal for me to have withheld the page instead of submitting it? They just over looked the missing page.
Asked on July 22, 2019 under Employment Labor Law, Arkansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Withholding a page of the application consituted a "lie" since it was a form of misrepresentation. You did not fully answer the entire application as required. This is true whether or not they caught this deception at the time that you submitted the appication. Accordingly, your termination was for "cause" and therefore unemployment benefits can be denied to you.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Withholding a page of the application consituted a "lie" since it was a form of misrepresentation. You did not fully answer the entire application as required. This is true whether or not they caught this deception at the time that you submitted the appication. Accordingly, your termination was for "cause" and therefore unemployment benefits can be denied to you.
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