Rachel Felton, Attorney at Law

Rachel D. Felton


Posted on December 12, 2014

In the recent case of McCorkle v. Schenker Logistics, Inc., the Middle District of Pennsylvania ruled that an employer may revoke a conditional offers of employment based on a job applicant’s failure to disclose his criminal history in violation of the employer’s policies.

McCorkle failed to disclose several criminal convictions on his job application, and when his criminal record check revealed the convictions, Schenker withdrew its conditional employment offer.  Schenker’s job application contained an Applicant Certification Form that was signed by McCorkle and stated as follows:

I understand and agree that any false, misleading, or incomplete information given in my application, interview(s), or other pre-employment questionnaires and procedure, regardless of when discovered by the Company[,] will be sufficient basis for my disqualification for employment or, if already employed by the Company, the termination of my employment with the Company. I agree that the Company shall not be liable in any respect if I am not hired or if my employment is terminated as a result of providing such false, misleading[,] or incomplete information.

Companies should be sure to include similar language on their job application forms.  To read the full opinion click here.

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