We have started a new segment allowing potential candidates to ask questions that will be answered directly by our CEO, Darcy Swift. This months question is:
QUESTION: I didn’t disclose that I was pregnant when I was hired at my job. I didn’t lie about it, I just wasn’t asked in the interview. I have never been late to work, nor have I had any other issues that has taken away from my job. I have been here 3 months as a temp-to-hire and my boss said she doesn’t want to take me on her payroll as an employee because I wasn’t “honest†about my pregnancy. Can she do that??
ANSWER: This is a touchy situation. An employer or potential employer can not legally ask a candidate any type of question regarding pregnancy. If you do not disclose this information in the interview, you essentially have not lied, you just were not forthcoming or transparent with all of the information regarding your ability to do the job with out absence.Â
Because Oklahoma is an “At-Will Employment Stateâ€, the employer has the right to end a position without prior corrective action or notice during the set probation period. After that, they need to follow the handbook requirements. If you were within their set probation period, this “At-Will Employment†would apply because they feel you misled or withheld information. So in this case, they are legally within their rights to terminate you. In order to avoid any miscommunication or misunderstanding surrounding employment it is always wise to inform potential employers of any information that may have an effect on you doing or completing your job.
We have started a new segment allowing potential candidates to ask questions that will be answered directly by our CEO, Darcy Swift. This months question is:
QUESTION: I didn’t disclose that I was pregnant when I was hired at my job. I didn’t lie about it, I just wasn’t asked in the interview. I have never been late to work, nor have I had any other issues that has taken away from my job. I have been here 3 months as a temp-to-hire and my boss said she doesn’t want to take me on her payroll as an employee because I wasn’t “honest†about my pregnancy. Can she do that??
ANSWER: This is a touchy situation. An employer or potential employer can not legally ask a candidate any type of question regarding pregnancy. If you do not disclose this information in the interview, you essentially have not lied, you just were not forthcoming or transparent with all of the information regarding your ability to do the job with out absence.Â
Because Oklahoma is an “At-Will Employment Stateâ€, the employer has the right to end a position without prior corrective action or notice during the set probation period. After that, they need to follow the handbook requirements. If you were within their set probation period, this “At-Will Employment†would apply because they feel you misled or withheld information. So in this case, they are legally within their rights to terminate you. In order to avoid any miscommunication or misunderstanding surrounding employment it is always wise to inform potential employers of any information that may have an effect on you doing or completing your job.