QUESTION

What will show up on my background check if I was caught shoplifting at my previous employer?

Asked on Apr 04th, 2014 on Criminal Law - California
More details to this question:
I did not admit anything and abandoned my job as a result, but was not arrested. I was fired and later issued a letter from my employer's attorney stating that I needed to pay $500 to close the civil suit. I paid the $500 and did not contact an attorney because I was afraid that if I didn't pay they would pursue criminal charges. I didn't want my parents to find out. I applied for a job and was offered a position, signed an agreement, however the agreement is contingent upon a background check by ADP. I withheld my previous employer on my resume and application because I know they wouldn't hire me with this information. Will this omission show up on my background check? I have read that the company ADP is extremely diligent in finding information.
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3 ANSWERS

Criminal Law Attorney serving San Diego, CA
In this instance, nothing should show up on a criminal background check because you were never charged with, let alone convicted of, a criminal offense. Based on the facts you provide, it sounds like the affair ended up being a civil matter for which you satisfied with the $500.00 payment. In the future contact an attorney who could have at least made sure that you signed a document stating that you admit to nothing, and that you get certain things "in lieu", (in exchange), for the $500.00 payment, such as no charges being filed, confidentiality, non-disparagement, etc. An example of how this could help is if you had gotten a confidentiality and non-disparagement agreement in lieu of your payment, you probably could have added your prior employer to your resume in comfort because they would have promised to keep the shoplifting matter confidential and not talk disparagingly (in a way that could harm), you.
Answered on Apr 08th, 2014 at 7:28 AM

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I cannot give you an absolute answer. I am not sure how they would find a previous employer unless they were processing your paycheck. That is not generally information which could be found by looking at any records except for tax records to which they should not have access.
Answered on Apr 07th, 2014 at 1:19 PM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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Most likely, yes. It will show up.
Answered on Apr 07th, 2014 at 11:11 AM

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