QUESTION

Facing possible termination for falsifying employment records, but Court Martials are not felonies.

Asked on Sep 30th, 2014 on Labor and Employment - Illinois
More details to this question:
So I was suspended for two months w/ pay from a non-union Government job. I had no idea for what. Come to find out it was for falsifying employee documents. The question that was asked was whether I was convicted of a Felony or a Misdemeanor in the last seven years. I answered no. I was given a Court-Martial 10 years ago by the military, for larceny among other things (I sent another member's money to a charity organization in Russia). I was given a BCD. The military does not have felonies or misdemeanors (af jag website), and Illinois I received my FOID card. Illinois itself does not appear to have a statute for conversion of UCMJ crimes. Second issue is that they are telling me I selected that I had an honorable discharge. It appears on the back end of the employment application (only visible by HR), but not the front end (visible to me). I ran some test with other resumes and newly created accounts, they are all showing that this question was not asked. Do I have a claim
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
If you have some type of career service or civil service status protection that gives you the right to a hearing, then you can request this and make this argument.  If you have no right to a hearing and you are an at will employee, then your options are probably very limited.  You can review your handbook or check with HR to verify if you have such a right to a hearing.
Answered on Sep 30th, 2014 at 3:09 PM

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