OT - Explaining periods of unemployment on an application

[Lisa Kachold]

On Thu, Sep 16, 2010 at 3:03 PM, JD Austin <jd at twingeckos.com> wrote:

> I'm glad I don't work somewhere like that.  If I was acquitted/exonerated
> of a crime I wouldn't list it on an application either!  I can't think of a
> reason anyone would.  If it was a crime I'd been convicted of that was later
> expunged I would lirdless of the questions.



Yes, the laws related to disclosure of convictions of traffic, misdemeaners
and felonies for IT employment become vary vague, depending on situations
where expungement, sealing or set aside are available.  Some HR, head
hunters  and hiring IT managers have actually told individuals (including me
recently) NOT to describe anything earlier than 7 years ago regardless of
the questions wording on the application.

*Be aware that even when items have been set aside or expunged, they can
still exist in the background check databases, so while legally you do not
have to disclose them if they do not specifically ask for items which have
been sealed by the courts,  you can still be fired "with cause" for failure
to disclose, should they show up later* on a background check.

Background check information disclosure and abuse is strictly controlled by
federal laws but not enforced.

In situations where a felony occurred more than 15 years ago, and the
question asks if you have EVER been convicted of a felony, it's again
generally better to disclose,


>
> On Thu, Sep 16, 2010 at 14:54, Tim Bogart <timbogart at yahoo.com> wrote:
>
>> No.  Maybe I didn't explain it clearly enough.  No, they did not terminate
>> people for having a brush with the law and being found innocent or acquitted
>> or for whatever reason, were not convicted.  They terminated those people
>> for *FAILING TO DISCLOSE* their brush with the law, and the accompanying
>> details on the application.  Understandable in my mind.
>>
>> Tim...
>>
>> ------------------------------
>> *From:* JD Austin <jd at twingeckos.com>
>>
>> *To:* Main PLUG discussion list <plug-discuss at lists.plug.phoenix.az.us>
>> *Sent:* Thu, September 16, 2010 2:48:46 PM
>>
>> *Subject:* Re: OT - Explaining periods of unemployment on an application
>>
>> Hold on.. they fired people that were ACQUITTED of a crime?  That seems a
>> bit too far :(
>> If a court can't find them guilty how can an employer?
>>
>>
>> On Thu, Sep 16, 2010 at 14:38, Tim Bogart <timbogart at yahoo.com> wrote:
>>
>>> I like your response.  At a company with which I worked for many years,
>>> many years ago used to send me email on a daily basis listing folks who had
>>> been terminated.  Of those, many were terminated because of falsehoods on
>>> their applications.  And of those, not nearly, but ALL were due to
>>> information omitted regarding some crime that the individual had committed.
>>>  And they ran the gambit from robbery to murder.  Yes, murder, believe it or
>>> not. But in fairness, of those, they involved folks who had been tried for
>>> murder and had been exonerated by some means (found not guilty, thrown out
>>> due to mistrial or other reasons) but the point is that they had concealed
>>> the facts regarding criminal activities (I mean seriously, how can you
>>> forget to list something like that, or how can you think it somehow doesn't
>>> qualify as something a potential employer would not be interested?) that are
>>> easily checked.
>>>
>>> Tim B.
>>>
>>> I'm sticking with Grandpa Jones here...
>>> "True is stranger than fact."
>>> Hee-Haw
>>>
>>
>>
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>
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