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LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 27292
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I did not pass my probation period (6 months). The reason

Customer Question

I did not pass my probation period (6 months). The reason that they said was I did not perform the job well so they let me go. They said I can apply for another positions but not suit for Financial Analyst II position. Now I applied for another company and did not include that employment to my resume. After interviewing, they offered me a job but they said I have to pass the background check. They sent me an application to fill out. Should I include that in? was it conflicted if I do that? Could they find out if I did not mention about that job? They also asked have you ever discharged by employer? Should I say Yes and what should I explain? I did not include that in the resume but I am afraid that they will find out. Please help!
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's all
Submitted: 8 months ago.
Category: Employment Law
Expert:  LegalKnowledge replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 8 months ago.

Good morning. I certainly understand the situation and your concern. A background check should only reveal any criminal history. They are looking for a criminal record, arrest record or anything else related to your background. It should not reveal any of your employment history and they should only know what you disclose. It is at your discretion to include this but if you did, it would conflict and contradict your resume, since you never added it, which may raise a red flag. As such, it is up to you but a background check which is done should not necessarily reveal this previous employer. Moreover, if you did disclose it, you can state the reason you left, such as if the job was not a good fit or if you had issues with the company

Customer: replied 8 months ago.
Should I answer NO to the questions :Have you ever been discharged by an employer?
Expert:  LegalKnowledge replied 8 months ago.

It is really at your discretion. I can not tell you show to answer something. You were discharged, so technically you would have to answer yes but it is up to you.

Customer: replied 8 months ago.
but if I answer yes, then I need to include that employer to my resume? I did not do that
can they find out?
Expert:  LegalKnowledge replied 8 months ago.

As I shared, they should not be able to find out because a background check looks for criminal history, not employment.

Expert:  LegalKnowledge replied 8 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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