Legal Briefing: Job Offer Gets Lifted Following Nondisclosure


Dec. 3, 2014

When he completed an employment application for a job at Schenker Logistics Inc., Dustin McCorkle answered “yes” about whether he had ever been convicted of a crime in the past 10 years.

Although the application stated that false, incomplete or missing information would be grounds for disqualification, McCorkle disclosed only that he had been convicted of “stalking, harassment while trying to gain custody of my daughter,” and failed to disclose that he had also been convicted of other misdemeanors. 

Schenker offered McCorkle a job, but rescinded the job offer when it learned of the convictions. McCorkle sued under Pennsylvania’s Criminal History Record Information Act, which prohibits employers from making a hiring decision based on criminal convictions not related to an applicant’s suitability for the job.

The U.S. District Court for the Middle District of Pennsylvania dismissed the claims, because the “undisputed evidence of record shows that [Schenker] did not revoke [McCorkle’s] job offer because of his misdemeanor convictions” but, rather, because “he intentionally misrepresented his criminal history on his employment application.” McCorkle v. Schenker Logistics Inc., M.D. Pa. 1:13-cv-03077(Oct. 8, 2014). 

IMPACT: Many states restrict employers from making hiring decisions based on criminal convictions unrelated to the suitability for the job, and careful review of those regulations is a must.

James E. Hall, Mark T. Kobata and Marty Denis are partners in the law firm Barlow, Kobata and Denis, which has offices in Los Angeles and Chicago. To comment, email FollowWorkforce on Twitter at @workforcenews.

What’s New at

blog workforce

Come see what we’re building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. We’re on a mission to automate workforce management for hourly employees and bring productivity, optimization and engagement to the frontline.

Book a call
See the software

Related Articles

workforce blog


Minimum Wage by State in 2023 – All You Need to Know

Summary Twenty-three states and D.C. raised their minimum wage rates in 2023, effective January 1.  Thr...

federal law, minimum wage, pay rates, state law, wage law compliance

workforce blog


New Labor Laws Taking Effect in 2023

The new year is fast approaching, and with its arrival comes a host of new labor laws that will impact ...

labor laws, minimum wage, wage and hour law

workforce blog


Wage and Hour Laws in 2022: What Employers Need to Know

Whether a mom-and-pop shop with a handful of employees or a large corporation staffing thousands, compl...

compliance, wage and hour law