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To Disclose or NOT to Disclose

 Some people may be forced to decide if you need to disclose something about your past when you are applying for a job or after you have been hired and you have completed the new intake. 


And for some people, making this decision can be really stressful.


If you haven’t done anything in your past you believe is a problem, you probably are not worried about your past.


However, how many of you have read a question on an application, asked a question during an interview or even saw a statement on a new hire form and started to wonder if you should disclose something in your past that you have already address?:

  1. The bankruptcy you filed and completed years ago?

  2. The back taxes you had to pay to the IRS?

  3. The arrest record you had expunged from your record?

  4. The Non Disclosure agreement or the Covenant not to compete with your former job years ago?


What gets tricky about all of those situations is if these situations are remote (i.e. over several years ago), you may be concerned as to whether you should disclose this information.  You don’t want to give the appearance of lying but then again, you are worried if you do say something, you may be creating more problems for yourself.


When faced with these situations, a couple of things you should remember:

  1. Read specifically what the question on your new intake or application is asking.  In some instances, the question may specifically spell out the circumstances.

  2. If you are not sure you have to disclose, ask the hiring body in advance. This way you can get some guidance.

  3. Speak to an attorney, if you can.  


It’s tough when you have done some things in your past.  Of course, you are trying to move forward productively so you don’t want to be held back by your past decisions.  However, you don’t want to put yourself in a bad position.

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