Hi, I have a question. About 7 years ago, I was fired from a retail job that I held. I was caught doing some fraudulent returns, and was terminated. This action caused great humiliation to me and my family. I am not proud of what I did, but I did pay my penalty. I repaid what the merchandise was worth, plus, as it was my first offense, I was just offered to do community service and the incident would be expunged from my record. Now fast forward to the present. I have held about 5 different jobs since then, leaving them for various reasons (more money, store closed,) The last store I worked at for 2 years closed, and I recently got a new job. I've worked here for over 2 months, but when I first got hired I had to go to a meeting, and I saw an old employee from the store I had gotten fired from. I know he knew I was fired. Now today, The district manager, plus the loss prevention people came into my store. They started going over paper work, then they called me in. They said they had gotten a tip that I used to work at the store I got fired from (I did not list this store on my resume, as I did not want them to contact the store). They asked me what happened, and I told them. The end result, is that I am now suspended, pending review. They said I was not truthful in omitting that store on my resume. (Do I have to list every job I ever had on my resume?) But, on the job application it asked if I was ever convicted of a crime, and if it were expelled or expunged, I could answer no. So, I answered no. My question is, do they have a right to terminate me? I have done nothing wrong at this store. I'm just tired of hopping from job to job. Do they have to reveal where the tip came from? Please try and answer quickly, as this is making me very depressed.

(Do I have to list every job I ever had on my resume?)...My question is, do they have a right to terminate me?

If you omit a job on a resume, you are running the risk that an employer may find out about it and get a little upset with you.

If you omit a job on an application, that is much more serious if the employer expects a complete accounting of where you were, doing what and when. We try to look for gaps in employment history -- just how did you try to explain away the gap?

The employer has the right to fire you for any reason not prohibited by law. Discharging you for falsifying your resume or the application is not prohibited by any law in any state.

They absolutely do. A lie of omission is still a lie.

Yes it is legal to fire you for this. You were not honest with them which only reinforces that you have not learned your lesson about honestly. By lying about where you worked and your work history, as well as your expunged records, you have shown them you are less than trustworthy.

And no, they do not have to tell you who gave them the tip.

Ok, I thank everyone for their answers. The reason that I did not list the job on my application or resume, is that I was afraid if the employer called and asked then they would give me a black mark and I would not get hired. I know they are not supposed to do this by law, but I was sitting in the office first hand and saw that Manager give people bad references.

I did end up losing the job today. The district Manager said she tried to do her best to keep me, because she said I was such a good worker, but her HR department said no. She told me that I can collect, that when I am turned down and I appeal it, she will not show up to fight it.

I don't want to collect, I just want to work. It's not fair that I have to pay for a small mistake I made almost 10 years ago. It was less than $300 that I was fired over, ( I know any amount is unacceptable, and if I hadn't been caught, it probably would have been more) But, like I said I was very humiliated by all this, and would never do so again. I learned my lesson.

So my question is, on my new resume do I have to list this job, or can I leave the gap? If the new application only asks for last 3 jobs, do I have to list that job? It was more than 3 jobs ago.

Yes it is legal to fire you for this. You were not honest with them which only reinforces that you have not learned your lesson about honestly. By lying about where you worked and your work history, as well as your expunged records, you have shown them you are less than trustworthy.


Elle, let me ask you this, If I told you I had gotten fired for fraudulent returns, but that I paid my penalty, would you hire me? (One thing that I have forgotten to mention, is that I am Management) I have been an Assistant Manager for many years, and I was Manager at the last store I was at until it closed.

I'm not Elle, but if you were up front about what had happened, and if you were the best qualified applicant for the position, yes, I would hire you.

Many, many employers will forgive a single mistake, especially if it was years ago and the applicant takes responsibility for it.

Few, if any, will forgive being lied to.

You are not REQUIRED to list this job anywhere. And if they only ask for the last three jobs and this was more than three jobs ago, no, you don't have to list it.

But, if an honest and complete answer would mean including it, then if you don't, you're risking getting fired again.

And, if you leave off the job that just fired you, you're taking the same risk.

Elle, let me ask you this, If I told you I had gotten fired for fraudulent returns, but that I paid my penalty, would you hire me? (One thing that I have forgotten to mention, is that I am Management) I have been an Assistant Manager for many years, and I was Manager at the last store I was at until it closed.

If it was 10 years ago and you were up front with me about it, yes I would hire you. Everyone makes mistakes. Try to cover them up, lie, omit information, and make excuses and no, I'm not inclined to overlook them.

So my question is, on my new resume do I have to list this job, or can I leave the gap? If the new application only asks for last 3 jobs, do I have to list that job? It was more than 3 jobs ago.

Have you learned nothing about omitting information from your application. Seriously. Do you think we are going to now tell you to just go ahead and skip putting this job down too?

It's not fair that I have to pay for a small mistake I made almost 10 years ago. It was less than $300 that I was fired over,

You aren't being fired over a mistake you made 10 years ago. You are being fired because of a mistake you made when you applied for this job and failed to include this previous one. I can almost guarantee your employer is also wondering what else you failed to disclose and what other skeletons may still be in the closet.

I was afraid if the employer called and asked then they would give me a black mark and I would not get hired. I know they are not supposed to do this by law, but I was sitting in the office first hand and saw that Manager give people bad references.Common misconception but it is entirely legal for your employer to share anything that is true or they believe to be true. In fact, if they do lie or even give a nuetral reference, if something were to happen again, your former employer stands a risk of being sued. Your best bet is to explain that you made a mistake, and have learned from it. Hope that the intervening 10 years speak for themselves and this latest employment issue is treated the same. Being anything less than honest is goingto land you in the same straights only then you will have 3 former employers across better than 10 years that have fired you for dishonesty. Now that my friend, is going to be an obstacle you do not want to overcome.

OK, once again, thanks to everyone for their answers. I have just updated my resume, and put the job on there that fired me. I also just applied online for a job, and one of the questions was within the last 10 years have you been convicted of a crime. I answered yes. So hopefully, all will go well. I have alot of experience, am a really hard worker who gets the job done. I'm well liked by everyone, so I hope all goes well. The Manager who was training me at this last store cried when she heard I was being suspended. The district Manager told me to just call in sick to her, but I told her I wanted to tell her what was going on. The district Manager told me I was her best SMT (store Manager in training) and hated to let me go. I know I will eventually get another job, it's just the retail industry is not booming, and it might be awhile. The last job I had before this one closed, that is why I had to get another job. The whole chain closed. But once again, I thank everyone for their advice.

I wish you the best!!

Let me make a suggestion.

Since you know you have this black mark, prepare to mitigate it. Try to contact your previous managers and have them write you a letter of recommendation... especially your work ethic and honesty.

Don't pull them out until the discussion comes up. When you are asked in the interview about the black mark admit to it, say what you learned from the experience and then pull out the letters from former managers.

This will show honesty, preparedness and a generally good attitude.

have them write you a letter of recommendation

When an applicant shows up with a ton of letters of recommendation, I get concerned. Some are legit. Some are written to shut up a bothersome employee who is leaving. Some are bogus. The legitimate ones are in the minority, so I won't accept any of them at face value but will call the author.

When an applicant shows up with a ton of letters of recommendation, I get concerned. Some are legit. Some are written to shut up a bothersome employee who is leaving. Some are bogus. The legitimate ones are in the minority, so I won't accept any of them at face value but will call the author.

Agreed, which I why I said hold them until asked about the incident.

You are correct, though. As Ronald Reagan said, Trust but Verify. I would, too, call the authors... but at least the letters show a willingness to go the extra mile.

but at least the letters show a willingness to go the extra mile.

But what if the authors are dead dogs and can't bite?;)

I used to work for a Southerner that had phrases that could not be translated into Yankee. You HAVE to give us more of those, Jeff.

The worst part is that I don't try to use the cliches, they just come out.

I sometimes give trainings on the products I now sell to the retail industry. Part of my training is always a translation piece (as a way to break the ice)...

That dog won't hunt ....... I think we can come up with a better idea
Putting lipstick on a pig won't make it a prom queen..... speaking about a bad idea in a very good way still makes it a bad idea.
Thirsty enough to make a tree beg for a dog... Boy, I would like a drink of water
I would jump on that like a hobo on a ham sandwich... I really like that idea.
You're licking the outlet again hoping for healing.... maybe you should seek the aid of a qualified mental health professional rather than trying to fix it yourself


Give me time, I am sure I have more...

Those are really, really funny.

I hope your accent does not get in the way.

Once, while in the military, we were told to pull out our manual and make a correction. The instructor, from the Deep South, said something about a "Heel" and that the altitude on it was incorrect. It took me a minute to figure out that he meant a hill and not a heel (which I could find nowhere on the map).

Where in the South are you?

My wife grew up in North Carolina (but is a "brat" and not a native).

I didn't learn "you don't have a dog in this fight" until I lived in Texas. :D