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Bonding question RE Felony, when jobseeker felony exceeds statutory limit California

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  • Bonding question RE Felony, when jobseeker felony exceeds statutory limit California

    Any Human Resource Managers or Labor Attorneys out there? My friend is job hunting, passed background because the felony in his past exceeds the 7-year statutory limit set for background checks in his line of work. He has rehabilitated and is unlikely to ever comit this felony again, nor does he do any illegal activities, ie no drugs, etc. He has undergone training in his field, and wishes to advance. However, the position requires bonding, and the bond paperwork asks, "Have you EVER committed a felony?".
    .................
    Does he... (1) mark YES, almost certainly losing him the position; (2) mark NO, because he hasn't in the last seven years, and the Bondholder cannot look past 7 years, or (3) leave both the YES and NO boxes blank, with the understanding that the Bondholder may press him for an answer, and in that case what would you suggest?

  • #2
    He answers it truthfully. Yes he has committed a felony. That may or may not exclude him from being bonded. I don't ever suggest a person lie personally or even intentionally leave the question blank. Unfortunately rehabilitation (and 7 years) doesn't always clear the record for every job positions.... if the requirement is a "bonafide occupational qualification", then he may not be able to overcome it.
    Last edited by hr for me; 04-16-2016, 03:31 PM.

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    • #3
      If the question asks if ever committed a felony & gives no time limit, the answer should be yes --- all questions need to be answered truthfully.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Agreed. "Ever" means "ever". If they only wanted you to answer for 7 years, they'd say 7 years. Not to mention that the laws on lookbacks for criminal records are very complicated and it's not quite as simple and cut and dried as you're trying to make it.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Thank you all for your input

          Originally posted by cbg View Post
          Agreed. "Ever" means "ever". If they only wanted you to answer for 7 years, they'd say 7 years.
          Thank you for your input, specificity, and time. Based on the consensus, I am suggesting that he answer truthfully.

          I am no attorney. I answered falsely on applications for employment, health insurance, and driver's license when I felt answering truthfully would negatively affect the outcome, especially if my peers and mentors suggested the same. As such, my personal experience would have led me to suggest he answer falsely. However, the violent nature of the felony suggested that my experience didn't apply, which is why I posted here.

          I still think the jobseeker deserves this job, no matter what. His crime was violent, but occurred during the years when men are statistically the most violent. Since his release, he has a more even keel, considers the consequences of his actions, in addition to getting an education. My sole wish is that he increase his earning power to enable him to purchase a home ("the American Dream"). Hopefully, the bonding question doesn't impede.

          Comment


          • #6
            Originally posted by MyFriendAsks View Post
            Thank you for your input, specificity, and time. Based on the consensus, I am suggesting that he answer truthfully.

            I am no attorney. I answered falsely on applications for employment, health insurance, and driver's license when I felt answering truthfully would negatively affect the outcome, especially if my peers and mentors suggested the same. As such, my personal experience would have led me to suggest he answer falsely. However, the violent nature of the felony suggested that my experience didn't apply, which is why I posted here.

            I still think the jobseeker deserves this job, no matter what. His crime was violent, but occurred during the years when men are statistically the most violent. Since his release, he has a more even keel, considers the consequences of his actions, in addition to getting an education. My sole wish is that he increase his earning power to enable him to purchase a home ("the American Dream"). Hopefully, the bonding question doesn't impede.
            You're lucky your false answers did not come back to "haunt" you -- it is possible they still could. I do not believe any responders on this forum would suggest anyone lie on any application.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              His crime was violent, but occurred during the years when men are statistically the most violent.

              That doesn't make it okay, or justify it in any way.

              I still think the jobseeker deserves this job, no matter what.

              I think everyone who want wants to work deserves A job. That doesn't necessarily mean he is entitled to THIS job.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                I agree with cbg that anyone who wants to work should be able to. However, that doesn't mean you can lie on an application in hopes of getting a job. If a person lies & the employer later finds out, termination is a good possibility. Even if the background check is clear, there are other ways that an employer can find out about a person's past history.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

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