What can a former employer say to a prospective employer?

Asked almost 2 years ago - Los Angeles, CA

I worked for a company (I'll call HI) for 3 years. I left when I had to go to jail for a Fraud I did 5 years earlier, involving another company. HI did a background check on me before hiring me and due to the fact that I had not been arrested, nor convicted I was offered the job. I was never in trouble with HI during my employment (no write ups), I did my work, and was given excellent evaluations. No fraud at HI took place (ALL of my work was backed up with mounds of paperwork to prove it was on the level). I was given bad advise by a prison consultant to inform HI of the conviction and I think they are telling potential employers. He thought it would help in the long run if I came out honest.
How do I find out what HI might be saying about me?
Can I make them tell me what they are saying?

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . Your former employer HI can says anything that is truthful regarding your work experience. Generally speaking, you won't be able to find out what HI might be saying about you, and no, you cannot compel them tell you what they are saying. However, in some instances, for a fee, you can hire a professional reference checking service that obtain the same type of information which a potential employer checking references would obtain during the hiring process.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Christine C McCall

    Pro

    Contributor Level 20

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    Answered . Your criminal conviction is a matter of public record, not confidential or private, and can be told to anyone by anyone, including your former employer.

    Practically speaking, you will not be in a position to press a civil claim that requires findings of fact based on your testimony for some time. Your felony fraud conviction is potential impeachment evidence, presumptively admissible in all courts on any issues of your credibility. Assuming that you were contemplating civil claims against your former employer with the assistance of counsel working on contingency, it is unlikely that you can make that kind of arrangement for counsel or succeed in that kind of legal claim.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. David Andrew Mallen

    Contributor Level 14

    5

    Lawyers agree

    Answered . This is a personal note of encouragement, not legal advice. Some employers are OK with hiring employees with criminal convictions who have paid their debt to society and made the most of a second chance.

    I am inspired by people who have overcome personal hardship and mistakes, and I would not hesitate to hire people who take pride in their work and are good at their job regardless of criminal convictions.

    What story will you tell about your life? Can you share a story that inspires people and makes others want to work with you?

    I think you are wise to inquire about your legal rights and practical solutions. I humbly submit that the solutions you seek are personal, not legal.

    All the best,

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  4. Malcolm Stephen McNeil

    Contributor Level 1

    1

    Lawyer agrees

    Answered . To start with, the advice is good advice to the conviction. It may cause some opportunities to dissolve but you don't want it hanging over your head later as a possible reason to be terminated. There is nothing to stop you from contacting HI directly. Ask if there's something you can add to the knowledge of the facts. In this way you can show you are engaged and ready to to address any concerns,

Related Topics

Criminal charges for fraud

Fraud is a white collar crime in which someone deceives another to secure unlawful or unfair benefits, such as financial or political gain.

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