QUESTION

What does these employment application terminology mean?

Asked on May 14th, 2013 on Labor and Employment - Utah
More details to this question:
The following was asked on an employment application. What is meant by: "answered after Nov 5, 2012"?? "Have you ever been convicted, pled nolo contendere (no contest), been placed on probation, enrolled in a pretrial diversion program or had adjudication withheld in a criminal offense including felony, misdemeanor, or traffic (such as DUI, Reckless Driving, etc.)? (answered after Nov. 5, 2012)
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5 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Just what it says, have you had any type of criminal activity, including traffic violations.
Answered on May 16th, 2013 at 1:11 AM

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Employment Law Attorney serving Dana Point, CA at Mains Law Office
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This is not really a legal question since it is a problem with the drafting of the form. It appears that they are asking whether any of the above have occurred in the past 6 months but you should get clarification from HR. Of course getting clarification will tip them off that you possibly have something to hide from earlier.
Answered on May 15th, 2013 at 6:35 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is asking if any of the listed items occurred or before November 5, 2012. Obviously the only things which you can relate are those things which have occurred prior to the time you made the application.
Answered on May 15th, 2013 at 6:35 PM

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I do not know the significant of the date Nov 5, 2012 The rest of the question is worded in such a way you must disclose every criminal action you were involved in, including minor traffic tickets, and any charges disposed in any way, including convictions and pleas, or any other disposition, such as first offender, etc.
Answered on May 15th, 2013 at 9:53 AM

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Personal Injury Attorney serving Midvale, UT at Arrow Legal Solutions Group, P.C.
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This is a thorny issue. Some types of employment in the federal and state government or other limited areas of private sector employment can legitimately ask for all such information (anything to do with law enforcement, government defense contracts, certain healthcare employment, and transportation jobs). And employers may be able to discover this information from 3rd parties. Generally however under EEOC policies you should not be asked about, ?adjudication withheld in a criminal offense including felony, misdemeanor, or traffic (such as DUI, Reckless Driving, etc.),? because many minorities more often then others will get arrested or charged with crimes they did not commit, are not guilty of, or with traffic citations and therefore they are impeded from employment based upon supposition. As a general principle I personally think this is wrong. But my personal opinion may not rule the day if push came to shove. Nevertheless, if it was me I would probably honestly answer what I knew the employer could find out through official or unofficial means. I would also report it anonymously to the EEOC that such questions are being asked on an employment application and see if they are interested in policing it. While I do not want to advocate lying on an employment application, the other practical consideration to keep in mind is that there are no requirements that employers tell you the truth, you do have some privacy rights, and in the face of not getting hired when the only consequences should they find out that you will be fired you should therefore let your conscience be your guide.
Answered on May 15th, 2013 at 7:55 AM

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