Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the Pennsylvania Criminal History Record Information Act
In McCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa.
October 8, 2014), the court held that terminating an employee for not fully
disclosing his criminal history, as requested in an employment application,
did not violate the Pennsylvania Criminal History Record Information Act (CHRIA),
18 Pa. Con. Stat. §9125, because the termination was based on the applicant’s
misrepresentation, rather than the criminal convictions.
W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.
In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.
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