Legal help please?
im from California and got a job offer in Tucson, AZ for a RN position. july 10 did the initial phone interview from the recruiter. Then she asked to fill up the application online. One of the question there was "Any Conviction"andI I aswrd NO. i had this misdemeanor case 5 years ago Most of the application i did, They specify if they need "misdemeanor cases"to be reported, cases that were sealed or expunged. Some forms or jobs just ask Felony cases. They gave me a start date July 30 so i went July 26 I signed an agreement for a 10000 Relocation loan but i have to stay 2 yrs. Aug 10 they terminated me for falsification of form. now they want the loan,all of it back.What am i supposed to do? it took them a month to verify and let me start to work knowing everything's smooth.that was a honest mistake no intention to hide it. now i have to go back Cali jobless, just bought a new car for this job.dont you think they should cover my expenses going to AZ and leaving AZ? Hpe u guys get me
Answers:
If you had a conviction and failed to mention it, then you falsified the form. How could it be an honest mistake? Most people remember any conviction they've received.
They are entitled to their money back; and no, they do not have to reimburse you for any expenses.
trust me tucson hospitals suck and no i dont think legally they have to cover your expenses as mistake or not you did have an offense that they wouldnt have hired you for had you checked yes
They have the money and the power. Sorry, but you have no leverage.
No, they need cover nothing. You lied.
They are not responsible for your relocation expenses. Intentional or not you did not disclose all the facts.
I think it sucks that a five year old misdemeanor is still being held over your head. But I don't think you have any legal grounds to stand on.
Let me see if I get this right - you make a mistake and they should pay, they should look the other way, they should give you 10k and not expect you to pay it back. I'm guessing an RN you must be a liberal socialist that wants it all for nothing.
Was your misdemeanor conviction "expunged," (i.e., you received relief under Penal Code section 1203.4)? If so, and since so much money is involved, I would suggest you contact an attorney to contact the employing agency and make some "She did not falsify and you are opening yourself open to a lawsuit" noises.
There may be some flaws in your position. 1203.4 relief still requires you to disclose a conviction in some cases, and, as you learned, there is still a record of it. It has to be disclosed when applying for a state license (like RN) in California, but I assume you already have your RN, and it is not clear that this would apply in AZ anyway.
If you did NOT get 1203.4 relief, then chances of fighting this are far lower.
I think it would have been proper if you had told the truth from the get-go instead of not mentioning your conviction, hoping you wouldn't be discovered, and then whining about it when you were.
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