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joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Nissin Cup Nudist posted:

Do any of the other states have any recompense against Abbott's migrant scheme other than hoping the Feds get off their rear end? If the New York AG or whoever determines Abbott is human trafficking migrants, what are some options? How does jurisdiction work? Is it where the migrants depart from or where they arrive?

I doubt troopers can arrest an out of state governor, but something has to give

If Abbot comes to NY and breaks a NY law, NY can arrest and prosecute him for that crime.
It doesn't appear that any of those things have occurred.

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hobbez
Mar 1, 2012

Don't care. Just do not care. We win, you lose. You do though, you seem to care very much

I'm going to go ride my mountain bike, later nerds.
Not a legal question per se, but I thought some legally-inclined individuals here could help.

I have been offered a job, and have to answer the following obtuse compound question:

quote:

Have you ever been convicted of, pled guilty, pled nolo contender, or been named as a defendant in a felony or in a criminal proceeding including driving while under the influence or driving while suspended, but not including traffic offenses not classified as misdemeanors?

I have never been charged with or involved in any felonies. I do have a record of two petty offenses and one low grade misdemeanor from over a decade ago. What I am trying to parse out is if the second part of this question is asking if I have been involved in ANY criminal proceeding (meaning including petty offenses and misdemeanors), or only if I have been in other criminal proceedings limited to specifically DUI or driving while suspended? If it is the latter, I have nothing to disclose and answer no.

Personally, I interpret it as the latter. If it were otherwise, I think it should include phrasing like "in a criminal proceeding including (but not limited to)". Or it should ask specifically about petty offenses, misdemeanor, and felonies. To me, the "including" acts as a specifier here. Isn't this the reason the phrase "but not limited to" exists in the first place?

Anyway, am I just stretching to avoid disclosing my seedy past, or are you goons in agreement? TBH I would just go ahead and disclose but before receiving my job offer I already submitted a "no" answer to this question. I was confident at the time but now I'm worried I misinterpreted the question and I don't want to seem like I misrepresented myself previously

hobbez fucked around with this message at 20:38 on Jan 3, 2024

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE
Hobbez, one quick question:

Under the latter interpretation, why would they need to write "not including traffic offenses not classified as misdemeanors?" Wouldn't those be irrelevant, since they wouldn't be DUI or driving while suspended?

ulmont fucked around with this message at 21:27 on Jan 3, 2024

Arcturas
Mar 30, 2011

I would over disclose. Email them and say you were double checking your materials and realized there were however many incidents that you don’t believe needed to be disclosed, but if they read the question differently, you’d rather tell them about.

Kalman
Jan 17, 2010

Arcturas posted:

I would over disclose. Email them and say you were double checking your materials and realized there were however many incidents that you don’t believe needed to be disclosed, but if they read the question differently, you’d rather tell them about.

The question is:

"Have you ever been convicted of, pled guilty, pled nolo contender, or been named as a defendant in"

And then the category of cases you'd need to report on are: "a felony", or "a criminal proceeding including driving while under the influence or driving while suspended," but "not including traffic offenses not classified as misdemeanors." Basically it's asking "have you ever been charged with a crime, not including speeding and similar traffic offenses but including DUI or driving while suspended."

You should have reported them on the application but I'd bet if you email apologetically for the mixup (up to you whether to say didn't believe needed disclosed vs. misread/misinterpreted the question) and disclose the infractions they'll probably not care unless the cases were about something that might have an impact on your new job. (E.g., if you're going to be handling cash and were accused of taking money out of the till, going to be driving for the company and have a reckless driving, etc.)

Definitely better to disclose now, though.

Devor
Nov 30, 2004
Lurking more.
Does someone have a link to the results of people appealing their lost Top Secret classification status? I can't find the right search terms, and there are some loving gold mines in there.

hobbez
Mar 1, 2012

Don't care. Just do not care. We win, you lose. You do though, you seem to care very much

I'm going to go ride my mountain bike, later nerds.

ulmont posted:

Hobbez, one quick question:

Under the latter interpretation, why would they need to write "not including traffic offenses not classified as misdemeanors?" Wouldn't those be irrelevant, since they wouldn't be DUI or driving while suspended?

Yeah, good point... This sways me towards the prior interpretation.

Thanks everyone for the guidance. I'm drafting an apologetic email to HR begging forgiveness. I'm sure it will all work out.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Kalman posted:

Basically it's asking "have you ever been charged with a crime, not including speeding and similar traffic offenses but including DUI or driving while suspended."

Of course if you live in a state where all non-felony traffic offenses are misdemeanors then lol.

Kalman
Jan 17, 2010

Devor posted:

Does someone have a link to the results of people appealing their lost Top Secret classification status? I can't find the right search terms, and there are some loving gold mines in there.

https://www.opm.gov/policy-data-ove...s-and-opinions/ ?

Tyro
Nov 10, 2009

Probably these.

https://doha.ogc.osd.mil/Industrial-Security-Program/Industrial-Security-Clearance-Decisions/ISCR-Hearing-Decisions/

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

The black tar heroin of BWM. You should probably read the Bad With Money thread if you aren't already.

Blue Footed Booby
Oct 4, 2006

got those happy feet

Nissin Cup Nudist posted:

Do any of the other states have any recompense against Abbott's migrant scheme other than hoping the Feds get off their rear end? If the New York AG or whoever determines Abbott is human trafficking migrants, what are some options? How does jurisdiction work? Is it where the migrants depart from or where they arrive?

I doubt troopers can arrest an out of state governor, but something has to give

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
N-N-N-NOT THE NEW YORK NINJAS!!!

Thesaurus
Oct 3, 2004


It seems like HR should just run a background check if they really want to know your criminal background.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

Thesaurus posted:

It seems like HR should just run a background check if they really want to know your criminal background.

In theory, it's to make sure they're not hiring someone who has done a crime that would be Relevant to the job (fraud and embezzlement for an accountant, etc). In reality, they just want another way to filter out applicants quietly if they get too many.

Devor
Nov 30, 2004
Lurking more.

Thanks, that's the ones I recall. Although I think I recall reading ones that had already been curated for interesting ones. Hard to search through the individual files and most of these are kind of boring.


Thesaurus posted:

It seems like HR should just run a background check if they really want to know your criminal background.

It saves a lot of money on background checks when you ask the applicant to list all their crimes because the criminal masterminds just don't apply when they start listing out their felonies from last year.

Arcturas
Mar 30, 2011

Devor posted:

Thanks, that's the ones I recall. Although I think I recall reading ones that had already been curated for interesting ones. Hard to search through the individual files and most of these are kind of boring.

It saves a lot of money on background checks when you ask the applicant to list all their crimes because the criminal masterminds just don't apply when they start listing out their felonies from last year.

It’s also used by businesses as a way to fire somebody who didn’t disclose something and then it comes up later where there’s bad PR about an employee and you want and excuse to fire them anyways. Oh look! You lied on your application, fraud, fired, nobody blame us for their poor performance, we were defrauded and wouldn’t have hired them, we pinky swear.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
My assumption has always been that question is essentially "have you done any crimes that would make you a liability if we hired you" and a yes in any way is a no to getting hired. Could be wrong, just an assumption.

Big Bowie Bonanza
Dec 30, 2007

please tell me where i can date this cute boy
They just wanna know how cool you are

Javid
Oct 21, 2004

:jpmf:
I have known HR managers who preferentially hire applicants they catch lying on irrelevant bullshit on their job applications, since anytime later you "discover" that fact it's cause for immediate termination

BigHead
Jul 25, 2003
Huh?


Nap Ghost
When I applied for reciprocity they asked if I had any tickets within the last 10 years. I said "no," but then they hassled me about not disclosing the speeding ticket I got when I was in high school. Listen Joel from Washing State Bar Association, if that is your real name, if you want that information just ask, don't imply I'm an idiot for not giving it to you :mad:.

Anyway, over disclose unless you're a crazy bad driver in which case don't be a crazy bad driver any more.

smackfu
Jun 7, 2004

Really should have just asked if you got a felony or DUI instead of that terribly worded junk.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

smackfu posted:

Really should have just asked if you got a felony or DUI instead of that terribly worded junk.

Except that’s not the question they wanted the answer to, which was “have you ever faced any charges more serious than a minor traffic offense?”

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

ulmont posted:

Except that’s not the question they wanted the answer to, which was “have you ever faced any charges more serious than a minor traffic offense?”

More precisely, "if we hire people with felony records or dui records, and then anything bad happens, we might get sued and if we didn't ask you about your history it would make us look bad. Have you ever done a crime that might cause us future liability problems?"

smackfu
Jun 7, 2004

ulmont posted:

Except that’s not the question they wanted the answer to, which was “have you ever faced any charges more serious than a minor traffic offense?”

So do we think the intent of mentioning felonies and DUIs specifically is just for emphasis and doesn’t change the meaning of the request?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

smackfu posted:

So do we think the intent of mentioning felonies and DUIs specifically is just for emphasis and doesn’t change the meaning of the request?

Either that or the original version was just felonies and was sloppily amended a few times by just glomming stuff onto the end and not by just rewriting it.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

smackfu posted:

So do we think the intent of mentioning felonies and DUIs specifically is just for emphasis and doesn’t change the meaning of the request?

I think they got tired of questions about speeding tickets from 20 years ago, so they added the traffic offenses bit. But then they didn't get disclosure of poo poo like DUI and vehicular homicide, so they added the felonies / DUI / driving while suspended bit.

Now it confuses everybody but it covers what they want to know about.

hobbez
Mar 1, 2012

Don't care. Just do not care. We win, you lose. You do though, you seem to care very much

I'm going to go ride my mountain bike, later nerds.
Well the HR rep responded and basically just said "We'll be running a background check and address any major issues then."

I still have no clarity on the intended meaning of the question, so this was my response:

quote:

That all sounds fine [HR Rep]. Thank you for your help with this. I’ll authorize the background check as soon as possible.

In the interim, when supplying my credentialing responses to [credentialing person] I’ll disclose my decades old lower-level petty offense/misdemeanor charges to air on the side of over-disclosure, unless you indicate to me that these are outside the intended scope of the question.

I am kinda asking without asking what her interpretation of the question is but I don't think I'll get an answer. At this point I'm just trying not to piss her off.

e: She recommended to disclose and thanked me for checking.

Stupid question.

hobbez fucked around with this message at 17:43 on Jan 4, 2024

Leperflesh
May 17, 2007

they're going to not hire you because you wrote "air on the side of" instead of "err on the side of". Can't be hiring people who flub their spelling in such a fun way! They need boring corp drones not cool posters.

Devor
Nov 30, 2004
Lurking more.

hobbez posted:

I am kinda asking without asking what her interpretation of the question is but I don't think I'll get an answer. At this point I'm just trying not to piss her off.

https://www.law.cornell.edu/wex/impossibility

hobbez
Mar 1, 2012

Don't care. Just do not care. We win, you lose. You do though, you seem to care very much

I'm going to go ride my mountain bike, later nerds.

I don't see how this pertains to my situation but I'll keep it in mind.

She recommended to disclose and thanked me for asking.

Arcturas
Mar 30, 2011

You didn't actually ask her to clarify, by the way. You passive-aggressively suggested the question was ambiguous and then used some mealy-mouthed language about what you will be doing going forward.

hobbez
Mar 1, 2012

Don't care. Just do not care. We win, you lose. You do though, you seem to care very much

I'm going to go ride my mountain bike, later nerds.

Arcturas posted:

You didn't actually ask her to clarify, by the way. You passive-aggressively suggested the question was ambiguous and then used some mealy-mouthed language about what you will be doing going forward.

What? I very clearly indicated what I’ll be doing (disclosing), I don’t really see how that’s ambiguous… Nor do I think it was passive aggressive. In my quote above I also left out my concluding line, “I want to reiterate how thankful I am for your help”

I don’t really mind suggesting the question is ambiguous as it kinda is, as many others on this page have also stated.

Thanks to all for your help with the HR speak. Her response leads me to believe I’ll have a good outcome. I was a little terrified I’d be met with a withdrawal of my offer but, at least right now, she seems to appreciate the candor and the rest of the onboarding process is moving forward as planned

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Anytime someone is running a background check they want to know what’s going to pop up ahead of time. If you’re honest and there are no crimes related specifically to your work/turpitude issues, then you’re good to go.

If you fail to disclose something and it pops up, you’re hosed.

B33rChiller
Aug 18, 2011




Hypothetically, what kinds of charges might one be facing, if they disagreed emphatically with the judge at sentencing?

Unrelated question: any good defense lawyers in Vegas?
11:09am 01/03/2024 at the regional justice center HOLY poo poo!

B33rChiller fucked around with this message at 19:55 on Jan 4, 2024

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

B33rChiller posted:

Hypothetically, what kinds of charges might one be facing, if they disagreed emphatically with the judge at sentencing?

Unrelated question: any good defense lawyers in Vegas?
11:09am 01/03/2024 at the regional justice center HOLY poo poo!

"The only time I've seen a vertical leap measured in years"

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

B33rChiller posted:

Hypothetically, what kinds of charges might one be facing, if they disagreed emphatically with the judge at sentencing?

Unrelated question: any good defense lawyers in Vegas?
11:09am 01/03/2024 at the regional justice center HOLY poo poo!

... What am I missing?

Devor
Nov 30, 2004
Lurking more.

Volmarias posted:

... What am I missing?

It's an oblique reference to this story

https://www.youtube.com/watch?v=RYHaMO7l2jw

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...
Gotta admit, it's a heck of a flying tackle, regardless of how ridiculously awful an idea it was.

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B33rChiller
Aug 18, 2011




"I'm a person who never stops trying to do the right thing"

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