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Treating everyone the same

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stonemo

Guest
What is the name of your state?What is the name of your state?Missouri 2 persons where i work have felony convictions and have to file for a special permit through the ATF to be allowed to work around explosives, the employer moved these people to different jobs on the plant that would not allow them access to explosives and has kept them working, waiting for the ATF to finish with the paperwork(going on 2 months now) Now I just recieved a notice from the ATF that I may also have a felony on my record (suspended sentence, was a minor, frist offence,26 yrs ago) so i may have to file for this special permit also. Was just wondering, My employer kept those other 2 people working,does that mean that they have to do the same for me too?? Or would that be discrimination, not treating me the same as the others? Just nervous I guess, Thanks in advance
 


Beth3

Senior Member
Was just wondering, My employer kept those other 2 people working,does that mean that they have to do the same for me too?? No.

Or would that be discrimination, not treating me the same as the others? No. No laws require employers to treat everyone the same. The law only requires that employees not be treated differently because of a protected characteristic: age (if over 40), race, national origin, gender, religion, handicap, etc.

Hopefully your employer will find another position for you (if they have one) but if they don't, nothing illegal will have occurred.
 

rmet4nzkx

Senior Member
In your state you employer can terminate for any reason. What man seem the same to you may, for reasons unkown to you may be different. While you are referring to felony convictions, there may be more to the picture than that.

Upon reading your post my first question is did you inform your employer of your felony conviction? Where my question is leading is, did you withold from your employer the information re your felony record while the other admitted it, this is not the same situation. While he may have accommodated the ATF permit process for them, he may feel differently if your gave false information. A felony conviction as a minor is still reportable, a suspended sentence is still a conviction. Even if your record was sealed to the general public you still have to answer the questions appropriately understanding that the information is available to the courts and law enforcement and may show up on a background check.
 
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stonemo

Guest
I understand, thanks for your reply...Guess ill just keep my fingers crossed and no i did not report the felony because I was told by my probation officer that after completing the probation I would NOT have a crimminal record and that this incident would have no impact on my future employment. He told me that I didnt have to indicate the felony on my job applications, but that was 26 years ago and he and the judge that tryed the case are long since deceiced. Posted another question on this forum in a different topic, sentencing and parole. It explains more of what im up against. I did do the crime, guess Ill just have to keep paying for being a stupid kid.
Thanks again
 
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rmet4nzkx

Senior Member
Did you tell your employer about the felony conviction? If not was that because you intentionally witheld it or were you under the understanding that for what ever reason it wasn't reportable? Does your employer, now know the truth? I'm looking at damage control if any is needed.
 
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Beth3

Senior Member
stonemo, the vast majority of employers wouldn't care a bit about something that happened 26 years ago when you were a juvenile. The difference here is that you're talking about the ATF and working with explosives - and security measures in the aftermath of 9/11.

Good luck.
 
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stonemo

Guest
Just recieved the letter Thursday, im sure my employer got a copy also. If I had known that this would have shown up i would have reported it. all the ATF said was that they had a record of an arrest for frist degree robbery and needed a dispostion of final sentence. Ive been working here for 15 years now, and nothing was ever said, heck Ive even bought and registered several handguns, Ive voted, always thinking that I didnt have a record...Shoulda checked..Thanks
 

rmet4nzkx

Senior Member
It sounds like your record was sealed or expunged that would be why you were allowed to vote nad buy a handgun, like I said, the informaiton is available to law enforcement and in a post 9-11 world the ATF is going to check thoroughly. On Monday you may want to check with the courts were you were charged and see if your record was sealed to see if that explains it, if not, you may want to look into getting it sealed, this is commonly done upon majority. If you have been a good employee for fifteen most likely your employer will treat you with similar consideration. Knowing he has the same letter and you are going to have to come up with a plan anyway, you may want to be forthright about it and explain what happened and that you had no reason to think they would show up. You may not be the only one who has a similar situation. Of course you will have to provide the informaiton to the ATF.
 

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