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employment question and RO
June 2, 2010
6:38 pm
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pinkC20
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I am filing out an employment form that asks: have u ever been involved in any capacity (eg. as a defendant, victim, witness) in a criminal action, proceeding or investigation.
Do I have to divulge restraining order hearing? It was not in family court.

Thanks so much!

June 3, 2010
10:10 am
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Mase
Canada! Eh!
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I would put to be disscussed at interview or upon hire.

-Mase

June 3, 2010
11:09 am
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StronginHim77
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Perhaps you should get an attorney's input on this?

- Ma

June 3, 2010
6:23 pm
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truthBtold
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That seems odd to me....to ask if you have ever been INVOLVED in any capacity as you describe.

The only thing that I have ever seen on applicantions have been whether or not you have been CONVICTED of a crime? (Big difference.)

Whatever happened to innocent until PROVEN guilty?

The only thing I can think of that this kind of questioning would maybe warrant if it is for some kind of high level security position or something along those lines.

I found this:

"...First, an employer may not ask about or consider information about arrests or detentions that did not result in convictions. Only convictions and pending cases can be considered.

Second, an employer may not consider crimes that have been sealed or expunged, or where the applicant participated in a special pretrial alternative program.

Third, there are limits concerning misdemeanors. Most employers will ask about both felonies and misdemeanors on applications, but a misdemeanor cannot be considered if probation was completed and the case dismissed, or for minor marijuana offenses more than two years old.

If a criminal conviction or pending case is located, does that necessarily mean that an applicant is eliminated? The answer again is no.

Courts have found that a policy of automatically denying employment can result in discrimination against certain groups. Instead, employers must examine whether there is a sound business reason to not hire an individual with a criminal record, taking into account the nature of the offense, whether it is job-related, when it occurred and what the person has done since.

That's just an excerpt from this link: http://www.esrcheck.com/articl.....d-cant.php

Here is another link you may want to look at for starters: (though probably best to research this in the state that you live and/or the state that you are seeking employment if different.)

http://www.nls.org/benefits/em.....issues.htm

Know your rights and good luck!

June 2, 2010
12:00 am
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pinkC20
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Forum Posts: -1
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September 24, 2010
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I am
filing out an employment form that asks: have u ever been involved
in any capacity (eg. as a defendant, victim, witness) in a criminal
action, proceeding or investigation. Do I have to divulge
restraining order hearing? It was not in family court.

Thanks so
much!

June 3, 2010
12:00 am
Avatar
Mase
Canada! Eh!
Member
Members
Forum Posts: 29
Member Since:
September 24, 2010
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I
would put to be disscussed at interview or upon hire.

-Mase

June 3, 2010
12:00 am
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StronginHim77
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Member Since:
September 30, 2010
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Perhaps you should get an attorney's input on this?

- Ma

June 3, 2010
12:00 am
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truthBtold
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Forum Posts: -1
Member Since:
September 27, 2010
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That
seems odd to me....to ask if you have ever been INVOLVED in any
capacity as you describe.

The only thing
that I have ever seen on applicantions have been whether or not you
have been CONVICTED of a crime? (Big difference.)

Whatever happened
to innocent until PROVEN guilty?

The only thing I
can think of that this kind of questioning would maybe warrant if
it is for some kind of high level security position or something
along those lines.

I found
this:

"...First, an
employer may not ask about or consider information about arrests or
detentions that did not result in convictions. Only convictions and
pending cases can be considered.

Second, an
employer may not consider crimes that have been sealed or expunged,
or where the applicant participated in a special pretrial
alternative program.

Third, there are
limits concerning misdemeanors. Most employers will ask about both
felonies and misdemeanors on applications, but a misdemeanor cannot
be considered if probation was completed and the case dismissed, or
for minor marijuana offenses more than two years old.

If a criminal
conviction or pending case is located, does that necessarily mean
that an applicant is eliminated? The answer again is no.

Courts have found
that a policy of automatically denying employment can result in
discrimination against certain groups. Instead, employers must
examine whether there is a sound business reason to not hire an
individual with a criminal record, taking into account the nature
of the offense, whether it is job-related, when it occurred and
what the person has done since.

That's just an
excerpt from this link:
http://www.esrcheck.com/articl.....d-cant.php

Here is another
link you may want to look at for starters: (though probably best to
research this in the state that you live and/or the state that you
are seeking employment if different.)

http://www.nls.org/benefits/em.....issues.htm

Know your rights
and good luck!

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