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I have a friend who works for a Federal Management Company.

I have a friend...

I have a friend who works for a Federal Management Company . Four police officers came to his job and wanted to search his car . Someone at work that he had problems with made a false accusation saying that he had a gun in his car and that he was taking it to work . He without hesitation let them search his car and they found nothing but then the cops asked him if he was on parole he said no . The police officers told the Company that he was on parole and my friend said that he is not on parole anymore . Here is the problem my friend never put on his application that he was convicted and had a felony now his employer wants to do a 2nd background check . Could the company do this ? They are sending the paperwork today for the 2nd background check should he sign it or see a Lawyer about this ?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Manchester, Ct

Lawyer's Assistant: Has anything been filed or reported?

No because they found nothing in his car that day, but they put on him on Administrative leave with pay until they finish their investigation.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will he get fired if he does not sign for the 2nd background check and should he talk to his lawyer ?

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Answered in 19 minutes by:
3/8/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did your friend complete background check information initially and omit the felony? How long ago was the felony? Do you know what information the original background check paperwork asked for?

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Customer reply replied 5 months ago
Hi Lucy, I’m Lily. My friend was in jail for 25 years since he was 18. He just came out 4 years ago. He said that he did not put anything about being arrested and getting convicted on his application but he did pass his 1st background check. He figured that they wouldn’t hire him because of his conviction. No I don’t know what the original background check asked for but I’m pretty sure it would ask have you ever been arrested. I think he said no, but the Police officers looked up his name and it said that he was on parole but he said that he is not on parole. He doesnt even see a parole officer .

Thank you, Lily.

The problem is, if he lied on his first application, that's grounds for automatic termination. Even if he had a good reason. So a lot depends on what they asked. A lot of applications say something like "Have you been convicted of a felony within the past 5 years?" Depending on the wording, he didn't necessarily lie - but he could have. Now that the business has reason to believe that he provided incorrect information, they're allowed to ask him to do another one. They probably will fire him if he refuses to allow the second background check. And because employment is at will, there is no law that would prohibit them from doing that.

He definitely should read everything carefully before he signs. And he can ask them for time to take it to a lawyer before making a decision.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified
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