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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 110475
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On a job application. The question have you ever work

Customer Question

On a job application. The question have you ever work for the company? I remember working as a temp a couple of times. I put No. But, after background check was complete. I got a call , that I was employed 18 yrs ago. A couple of days of starting. Explaining, Not a rehire. I worked there 2 yrs ago as a temp. Did a back ground check then too. I was devastated! My questions is , if I honestly don't Remember being a permanent employee. Because back then, I was young, work through temps a lot as a second job. It was a second job. I didn't worked there long, due to having Kidney stones. Maybe 6 months. I wasn't eligible for FMLA . I was told ,the code for not rehire was attendance. HR Consultant is dealing with it. Because, I went through a 3 month process, passing background check, drug test , physical, came in brought in ID, diploma, birth certificate and was ready for start date in a couple of days. I let a job go, because I was assure I had this, with my offer letter, a congratulations to employment. A email with start day and my training hours. So , when a application say have you ever?Does that mean life or 10 years of the application of employment that being requested? I'm trying to get it over turned. I think i was wrongly done. I think it should of been brought up way before the weekend before the start date. I been trying to get into this hospital permanent, for the last 4 yrs. That's why I been trying to get through temp to perm. If I would of known, I would not even been trying so long. Now, I have no job.
Submitted: 7 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
People forget employment, especially short term or temporary jobs all the time. However, if you fail to list it on the application and it comes up with the employer, the employer can legally refuse to hire you, even though it was a mistake. All you can do is try to explain to the hospital or the HR consultant that it was a mistake and that you really did not remember working there back so long ago. Legally though, employment in CA is considered at will, which means that the employer can legally refuse to hire an applicant for not listing all of their employment on the application or forgetting to list certain employment and it does not violate CA law.

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