A Squared
Well-known member
- Joined
- Nov 26, 2001
- Posts
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This subject scomes up occasionally on this board. Ususally it is in hte context of some conviction which was expunged. A popular, but flawed, line of thinking is that if a crime or misdemeanor has been expunged, you are entitled to pretend that it never happened and may lie in response to questions about arrests and convictions.
Here's a case where that line of reasoniong didn't work very well for a pilot in a related issue:
http://www.peo7.com/peo/caselawsDetail41875/Page1.htm
It's a long document but hte short story is a pilot at Mesa was terminated for refusing a flight, and he filed a greivance and as reinstated with no loss of pay. He got called for an interview with Alaska, and in the interview said that he'd never been suspended terminated or otherwise disciplined. Alaska later found out about the termination and fired him for having lied in the interview. He sued, and it was dismissed, he appealed and the dissmisal was upheld.
If someone asks if you've ever been fired, they aren't asking if you've ever been fired but not reinstated, tey're asking if you've been fired. period If somone asks if you've been convicted of anything, they aren't asking if you've had any convictions which haven't been expunged, they're asking if you've had any convictions.
The case also addresses another common misconception; the idea that because the PRIA only requires specific items of information, then the former employer is prohibited form disclosing anything other than those specific items of information. The pilot in this case attempted to use this in his appeal, the judges just laughed at him.
Here's a case where that line of reasoniong didn't work very well for a pilot in a related issue:
http://www.peo7.com/peo/caselawsDetail41875/Page1.htm
It's a long document but hte short story is a pilot at Mesa was terminated for refusing a flight, and he filed a greivance and as reinstated with no loss of pay. He got called for an interview with Alaska, and in the interview said that he'd never been suspended terminated or otherwise disciplined. Alaska later found out about the termination and fired him for having lied in the interview. He sued, and it was dismissed, he appealed and the dissmisal was upheld.
If someone asks if you've ever been fired, they aren't asking if you've ever been fired but not reinstated, tey're asking if you've been fired. period If somone asks if you've been convicted of anything, they aren't asking if you've had any convictions which haven't been expunged, they're asking if you've had any convictions.
The case also addresses another common misconception; the idea that because the PRIA only requires specific items of information, then the former employer is prohibited form disclosing anything other than those specific items of information. The pilot in this case attempted to use this in his appeal, the judges just laughed at him.