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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999
time: 21:36
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If I was his lawyer suing you over some sort of non-hire or wrongful termination claim, I would argue that it was an "innocent misunderstanding" of the term convicted, or (if it was a bit older) that "he believed in good faith, though erroneously, that his record had been expunged and that he was therefore entitled to honestly answer "no." (some states do this on completion of probation, or the perp can file a motion with the courts to have a misdemeanor record expunged.)
If he was asked this question at deposition or at trial, I'd object it was asking for a legal conclusion from a lay witness.
Technically, it's the same effect as if he was convicted, so he's wrong, however, he may not understand that and might have a good faith belief. Or he could just be dumb and devious and figure you wouldn't know.
It's just semantically different enough from a trial and conviction, and if this is all you've got on his record, his lack of experience with the legal system may mean that he just really doesn't know.
He may also not recall that it's a misdemeanor, so if you mean to see if he's actually lying or not from an HR perspective, it's impossible to tell unless you question him directly about the incident, which can potentially get you into no-nos in some states.
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Flubber
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With a view of the Rockies
Aug 2000
time: 22:36
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quote:
Originally posted by Japher
Is a traffic violation a crime?
I've had several and I still check no. |
In Canada, MOst traffic violations are not crimes and you get your tickey under a Highway Traffic Act. Some traffic violations are crimes such as driving while impaired.
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Boris Godunov
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Portland, OR
Aug 2001
time: 00:36
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quote:
Originally posted by MichaeltheGreat
Personally, if all his "record" involved was having a bong or a pipe (keep in mind, you're in Oregon  ), and he was squared away in every other respect and had good references, I'd be inclined to let it slide on the grounds the guy may genuinely not know, and it's a chickenshit misdemeanor, not something like petty theft. |
The problem is that I'm up against a rather strident corporate policy, and the position he'll be working is one of high liability (driving a company vehicle).
On top of that, he has a DUI and reckless driving charge that was dismissed because of a diversionary program...
EDIT: But, he did disclose the other charges to us beforehand and gave me a letter from his lawyer explaining the dismissals via the diversionary program.
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Pekka
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em seu burro dos pais!
Feb 2002
time: 07:36
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Well technically I don't know if it's a crime, I mean in here misdemeanor = rike. Felony = rikos. Rikos = Crime, where as rike != crime.
So in some logics, it could be interpreted as not lying, even though it means some foreigner is interpreting it, based on straight translation of his own perverted language  .
If it was me, I'd just straight ask what the parephenilia was. If he says bong, I'd say well, if you are going to smoke weed, you won't get this job. Then see how he reacts ro something. Is he sincere or not, or is he trying to play you. If he says crack pipe, forget about it...
But basically it could mean he just drove like **** one day, plus he has sometimes smoked a bit pot in his own time, and got caught with a pipe or something, and that's it. The crime of his life. Then again, it might be the top of the mountain and in fact he was driving under the influence of crack cocaine and is an addict, criminal, and not to be trusted with a vehicle. Who knows.. don't take any risks but if you can, hear him out..
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04-06-2005 03:38
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