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thomas82601
07-21-2007, 04:09 PM
I am an ex felon. Something that happened over 25 years ago. I applied and got a job but lied on the application about the conviction. Three years later (almost to the day) with all types of accolades from my supervisor about being the best every employee in the position, going to work early on a Monday morning, my supervisor was waiting at the door, took me to the office and said that she found out I was convicted of a felony and that I lied on the application so I was being terminated for "falsifying company documents". In filing for unemployment benefits I was denied because the discharge is considered "misconduct connected with my work." Do I have a case for an appeal? Is falsifying company documents (is an application considered a company document?) considered misconduct connected with my work? Even though, yes I did lie on the application,I don't think that misconduct isconnected with my work.

ScottB
07-21-2007, 05:22 PM
You are toast.

You lied to get the job. That is misconduct.

Eng&SafetyMGR
07-21-2007, 08:37 PM
Agreed, you got the position under false pretenses. Appeal if you so desire but your chances are slim to none.

turbowray
07-21-2007, 08:50 PM
I also agree, even if you lied about something that did not involve being an ex convict, they can fire you. Good luck in your job hunting, and since this was 25 years ago, I would just be outright honest with your next potential employer, you may be surprised that what happened 25 years ago, will not effect their decision to hire you (unless it was a conviction that could effect your standing as an employee).

cbg
07-22-2007, 12:17 AM
Lying on your application is grounds for immediate termination, no matter how long ago it was or how good an employee you were.

Falsifying company documents, no matter what documents they are, is indeed "connected with your work". Your chances on appeal are slim at best.

cyjeff
07-22-2007, 06:35 AM
I agree with the above.

I do hope, however, that several posters view this thread. There has been some discussion over whether a felony follows you and for how long. In addition, there has been some discussion over whether to lie on an application.

You are a real world example of a hard working person that committed a felony 25 years ago and is still paying for it. I know your situation is unfortunate, but your example is strong.

ScottB
07-22-2007, 07:02 AM
You are a real world example of a hard working person that committed a felony 25 years ago and is still paying for it.

That may not have been the case had the felony been disclosed right up front.

The company could then have made a determination based upon how long ago the conviction was and the risk to the company by hiring the person.

turbowray
07-22-2007, 07:04 AM
I completely agree, honesty is the best policy!

Eng&SafetyMGR
07-22-2007, 07:38 AM
Honesty means everything, I review applications, interview and hire all the time.

For me a felony is not an automatic disqualifier however i do have some positions where my customers require backround checks and/or security clearances. I have hired a few people for "non-clearance" positions that have had a criminal offense (or 2) in the past and so far they are all working out well (knock wood).

The common denominator with all of them was that they disclosed everything to me on the app. and in the interview.

Don't necessarily assume you will be turned down because of a past conviction, be up front, honest, polite and respectful.

BnThrDnTht
07-22-2007, 09:05 AM
My two cents on the matter is in concert with the others. You lied on the application and there for you falsefied company documents as once you submit the application it is the property or the company and is an official document.

As far as applying for employment and disclosing the past felony it would depend on what the conviction was for and the type of job you are applying for if it will have any effect on being hired. Obviously a person convicted of say a drug violation that was due to a drug addiction would not be the best candidate to work at a pharmancy. Now I am a firm beliver of rehab and all that but I am also a firm beliver in not testing the waters through temptation.

Nonetheless the termination was legal in all 50 states and you have little to NO chance of being eligible for UI benefits. The next application you fill out read the disclosure by the signature line, it will say you are attesting to the fact that the informaiton is true and correct to the best of your knowledge.

You need to dust off your resume and get busy applying for a new job. Just make sure you learned from this event and be honest on all applications you fill out. If the employer is so narrow minded that they automatically toss your application for a 25 year old felony conviction most likey not the type of employer you would want to work for anyhow. This is true of course dependent upon what the offense was that you were convicted of.

cbg
07-22-2007, 03:14 PM
The poster was not fired because of the felony - it was because of the lie. How long the felony follows a person is not relevant to that issue.

BnThrDnTht
07-22-2007, 03:43 PM
Oh my folks looks like we are only allowed to state the facts just the facts. God forbid someone learn a little extra from a member.

cbg
07-22-2007, 04:19 PM
God forbid that some future reader gets the incorrect idea that if as long as it isn't discovered for a long enough period of time, the employer is prohibited from terming you for falsifying your application.

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