Is it illegal to withhold part of an application from an employer?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 2 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 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption