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Old 03-29-2018, 08:04 AM
 
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Quote:
Originally Posted by Hemlock140 View Post
3. That could be grounds for firing, and would be taken as an attempt to avoid something in the background check
Even if the name change took place before the person would be old enough to have anything background-check-relevant under the former name (hence why I referred to "adopted as a child")? What about if for example you were given a temporary "placeholder" name at birth to be replaced with a permanent one once a decision is made - would you expect for an applicant to say that they were given the name "Infant" at birth?
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Old 03-29-2018, 08:21 AM
 
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Quote:
Originally Posted by KellyXY View Post
3. The application asks for other names you've been known by, and you omit your birth name that was changed when you were adopted as a child.
You are issued a new brith certificate with your new name when you are adopted. Very few people would know your old name, and you certainly weren't employed when you had the old name.

Would not even consider this a lie.
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Old 03-29-2018, 01:51 PM
 
Location: Texas
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Quote:
Originally Posted by KellyXY View Post

2. You put down a phone number that's not technically yours, but one that you're more likely to be reachable at..
That's not lying at all. That's giving them a contact number.
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Old 03-29-2018, 01:56 PM
 
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I thought of another situation regarding criminal history: What if you were convicted of a crime under a law that was later ruled unconstitutional? An example is my state a few years ago tried to pass a law that would make performing an abortion (in most cases) a felony. If such a law were to come to be, and then the Supreme Court strikes it down, would those convicted under it have to check "yes" on job applications or not?
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Old 03-29-2018, 02:23 PM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,570 posts, read 81,147,605 times
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Quote:
Originally Posted by KellyXY View Post
Even if the name change took place before the person would be old enough to have anything background-check-relevant under the former name (hence why I referred to "adopted as a child")? What about if for example you were given a temporary "placeholder" name at birth to be replaced with a permanent one once a decision is made - would you expect for an applicant to say that they were given the name "Infant" at birth?
Of course not, that extreme example is not the same as someone filing for a name change after reaching age 18.
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Old 03-29-2018, 02:35 PM
 
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Quote:
Originally Posted by Hemlock140 View Post
Of course not, that extreme example is not the same as someone filing for a name change after reaching age 18.
So apparently you didn't read my OP completely. (It's really not an "extreme" case - while adoptions and other childhood name changes are certainly much less common than marriages/divorces/etc. they're by no means rare.) It might be a gray area though if the name change took place during the teenage years (probably whether or not any work/relevant educational/adult criminal/etc. history would exist under the pre-change name or not - this could be an important point for transgender people who changed their names at such an age and would like to minimize outing themselves).
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Old 03-29-2018, 04:17 PM
 
5,888 posts, read 3,224,848 times
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Quote:
Originally Posted by KellyXY View Post
Given the recent talk about the race questions, would "lying" be "fireable" or not in each of these cases:

1. On the EEO survey, checking the box for a particular race, and the employer doesn't think you're of that race.

2. You put down a phone number that's not technically yours, but one that you're more likely to be reachable at.

3. The application asks for other names you've been known by, and you omit your birth name that was changed when you were adopted as a child.

4. You're off by a month on the dates of when you worked for a particular company.

5. You check "no" to the criminal history question when you were convicted of being gay in a country where homosexuality is illegal.
How would they prove any of that stuff? If its not material to your employment what difference does it make anyway?

Being off a month on a job that was years ago is understandable. If it was last month...then perhaps its deceptive...but why anyone would see a reason to deceive over a month is kind of difficult in the first place. If you only worked someplace for a few months or one month and you lie and say it was twice the amount, then maybe that's also bad. But why would you put that on a resume in the first place? I wouldn't put anything on a resume under a year, minimum. If its short term, just omit it.
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Old 03-29-2018, 04:21 PM
 
Location: Texas
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To me, any employer who would jump to "you lied" conclusion right away, would not be someone I'd want to work for.
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Old 03-29-2018, 04:23 PM
 
Location: The DMV
6,590 posts, read 11,286,252 times
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Quote:
Originally Posted by KellyXY View Post
Given the recent talk about the race questions, would "lying" be "fireable" or not in each of these cases:

1. On the EEO survey, checking the box for a particular race, and the employer doesn't think you're of that race.

2. You put down a phone number that's not technically yours, but one that you're more likely to be reachable at.

3. The application asks for other names you've been known by, and you omit your birth name that was changed when you were adopted as a child.

4. You're off by a month on the dates of when you worked for a particular company.

5. You check "no" to the criminal history question when you were convicted of being gay in a country where homosexuality is illegal.
1 - huh? Like if Tiger Woods put "Asian" on his survey and his "employer" felt he should have put "Black"? How is this lying?

2 - Not sure why this is even an issue. No one asks for the number you actually OWN. They simply want a way to reach you.

3 - Omission is typically grounds for not hiring. However, most sane people would ask some questions first. Especially since people do make mistakes. If your response is "yea, I purposely omitted that info because <insert reason here>". I guess they may decide you're not trust worthy.

4 - By mistake? On purpose? Again, most won't care.

5 - The question is if you were ever convicted of a crime. The answer should be yes (which usually prompts for an explanation) - then you would state the case. By indicating "no", it can be argued that you ARE lying.


At the end of the day. You can be fired or not hired for any reason. Sure - discrimination is illegal. But you have to prove that. But the same token, you can sue anyone for every little reason out there. The key is how far you'd get with your lawsuit.

There are a few HR folks here - and they may be able to jump in. But I became really good friends with someone in HR a few jobs ago. And I was amazed at how often people threaten lawsuits or actually pursue legal action when they had no real basis. Unfortunately, you have to respond to every one of these bozos. This is why the hiring process can sometimes be as convoluted as it is.
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Old 03-29-2018, 04:28 PM
 
602 posts, read 504,783 times
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Quote:
Originally Posted by macroy View Post
If your response is "yea, I purposely omitted that info because <insert reason here>".
In this case, it would be rationally assuming that a name changed at such an age would not be relevant for a background check. Or, in the example I gave in my most recent post about a transgender applicant, not wanting to out yourself unless absolutely necessary.
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