Legal Question in Employment Law in New York

filling out job applicantion

I am filling out a job application. The question on the app. is ''have you ever been convicted of a crime?'' I had a DWI conviction 16 months ago and was told this is a misdemeanor.

Do I have to answer yes to this question on the job application?


Asked on 9/22/03, 1:31 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: filling out job applicantion

Seemingly simple answer has complicated implications. Short answer: truth is best.

Longer answer: It depends on the job. If, say, you are applying for a federal or other governmental job for which safety is an issue (including driving safety), and the application is made under penalty of perjury, then lying could constitute a crime. Under these circumstances you must tell the truth.

If, on the other hand, you are applying at, say, McDonald's, a private entity for which no driving is involved, then you surely could be subject to termination if you lied & your employer found out the truth.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Answered on 9/23/03, 7:21 pm


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