fired for marking no when asked if was felon.

by Tony
(aurora,il)

i was hired in march 2008 and in november 2008 was offerd a positon as shift supervisor. About a month after doing the job they gave me background check papers to fill out and I was unaware of this before I got the job. I then told my supervisor that I had a felony on my record he then told the GM and we had a meeting to discuss it. The GM told me the worst that would happen is that I wouldn't get the promotion so I went ahead and filled out the paper work. About a couple weeks later my background came back and then the GM and supervisor brought me in the office and said they had to let me go and that it was outta their hands and corporate made the decision to let me go. I had told the human resource lady in charge before the background check papers went out that I may have marked no when asked if I was a felon and she told me it should be ok as long as I didn't go to prison the first appeal went my way and i am collecting unemployment right now but they are appealing it again I would just want advice for my next hearing on what to expect and if you think I got approved falsely and help would be appropriated.



Hi Tony,

Would you mind very much responding back with the verbage from the first hearing decision and the employer's appeal.

The problem isn't really that you haven't given enough details, but that the decision and the appeal is what I need to know about to even begin to answer your question.

Thanks,

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Apr 17, 2009
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The Decision
by: Tony

the claimant was employed by the the employer from 3/03/08 through 1/26/09.at the time of separation he was working full time as a warehouse attendant and was earning $10.50 per hour.the claiment was discharged for providing the employer with false information on his employment application on 1/17/08 the claimant prepared and signed an employment application for the employer.to the question have you ever been convicted of a felony with in the past seven years? the claimant answered No the employer subsequently learned that the claimant had been convicted of a felony on 1/05/07 when questioned about the matter the claimant admitted that he had been convicted of a felony on 1/05/07 and had prvided the employer with false information on his employment application.I got denied the referee didnt let me tell my side of the story he was very rude and wouldnt even listen to what i had to say he kept cutting me off when ever i said something it was over the phone im gonna appeal the decision what kind of advice would you offer me on my next hearing and can i get a new referee i dont want to deal with that guy ever again.Thanks


The next appeal will need to be a little different and I do not suggest trying to go it alone. There a link to "Legal Services on the lower part of the left hand nav bar on this page.

Now for why. You just had a lower level appeal hearing. If you want to appeal the decision the next appeal need to based on procedural errors made by the referee. Things like not allowing testimony, admission of a document, etc.

Otherwise it's a waste of paper. You need to get a copy of the recording made of the hearing. Your appeal will now be to the Board of Review The information is on
this page. You'll notice they have the phone number for legal services listed there.

Your first appeal when you are denied unemployment benefits is decided on the fact of a separation. An appeal of a "hearing" decision deals with procedural errors of the referee.

If correct and valid points are not raised it futile to even try. This is why I suggest speaking with someone to help you.

My point is: Now is not the time for DIY tactics.

Apr 14, 2009
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Fired for falsification of employment application.
by: Chris - (webmaster)

This is a tough one Tony. The GM just is not the authority on stuff like this, but it happens all the time. Once it makes it's way back to corporate you're done for because the employer is "uniformly enforcing their rules. The form you signed will be used as evidence to prove you had been made aware of the consequences for falsifying the application.

You are dead on about what your only defense is. And hearing officer might have a problem with a GM telling you it would be okay after you raised your concern and went ahead with trying to better yourself and get a promotion on his advice.

It seems to me the correct course of action the GM should have taken was to notify the powers that be at the time you spoke with him after all he too should be aware of the employer's policy, instead of leading you to believe it wouldn't matter. (Personally, I think he knew better and took the easy way out)

It's weak, but I think it's all you've got right now to work with. The employer should have the GM as the witness.

Tony, I'm really sorry to hear about what's happening to you. I know it is really hard to find work with a felony on your record without fudging the truth. Employers get you coming and going.

Please come back and let us know how your hearing turns out.

Apr 14, 2009
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RESPONES
by: Tony

The letter that I received from the unemployment office stated that I had falsified my application and that there was not willful misconduct because I in no way was harmful to the employer or the employees so their for was granted unemployment.Now a couple months later the company is making an appeal they sent me copies of the application and the background check and a form that I filled out when I first got hired stating if there was any false information on my application I would be fired. Now keep in mind I knew of the problems that could happen but was reassured by the GM that I would be fine I guess that's my only defense the only reason I went ahead and allowed the background check was cause of what was said to me.

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