alligatorob
Member
What is the name of your state? This happened in Utah.
My son was just fired from a position with the US Postal Service. He has been working there for about 6 months. The reason he was given was falsifying his employment application. Specifically he is accused of lying about having been convicted of a crime. Here is the question he answered No to:
7a. Have you ever been convicted of a crime or are you now under charges for any offense against the Law? You may omit: (1) any charges that were dismissed or resulted in acquittal; (2) any conviction that has been set aside, vacated, annulled, expunged, or sealed; (3) any offense that was finally adjudicated in a juvenile court or juvenile delinquency proceeding; and (4) any charges that resulted only in a conviction of a noncriminal offense. All felony and misdemeanor convictions and all convictions in state and federal courts are criminal convictions and must be disclosed.
There are 3 things on his record, in 1999 he plead guilty to Unlawful Possession of Alcohol by a Minor (Class B Misdemeanor), in 2000 he plead guilty to the Unlawful Possession of Alcohol by a Minor and Intoxication (both Class B Misdemeanors), and in 1997 he forfeited bail on an Improper Lookout Charge (Class C Misdemeanor). He was between 18 and 21 at the time of the Unlawful Possession charges.
So it looks to me like he probably should have admitted to this on his application, but what’s done is done. Does he have any chance to challenge this firing? Any reasonable interpretation that he did not have to answer yes? Any argument, other than common sense that minor youthful infractions should be forgotten, that he would have in his favor?
Advice is appreciated.
My son was just fired from a position with the US Postal Service. He has been working there for about 6 months. The reason he was given was falsifying his employment application. Specifically he is accused of lying about having been convicted of a crime. Here is the question he answered No to:
7a. Have you ever been convicted of a crime or are you now under charges for any offense against the Law? You may omit: (1) any charges that were dismissed or resulted in acquittal; (2) any conviction that has been set aside, vacated, annulled, expunged, or sealed; (3) any offense that was finally adjudicated in a juvenile court or juvenile delinquency proceeding; and (4) any charges that resulted only in a conviction of a noncriminal offense. All felony and misdemeanor convictions and all convictions in state and federal courts are criminal convictions and must be disclosed.
There are 3 things on his record, in 1999 he plead guilty to Unlawful Possession of Alcohol by a Minor (Class B Misdemeanor), in 2000 he plead guilty to the Unlawful Possession of Alcohol by a Minor and Intoxication (both Class B Misdemeanors), and in 1997 he forfeited bail on an Improper Lookout Charge (Class C Misdemeanor). He was between 18 and 21 at the time of the Unlawful Possession charges.
So it looks to me like he probably should have admitted to this on his application, but what’s done is done. Does he have any chance to challenge this firing? Any reasonable interpretation that he did not have to answer yes? Any argument, other than common sense that minor youthful infractions should be forgotten, that he would have in his favor?
Advice is appreciated.