Any Thoughts Are Appreciated...

[cleveland3435]

Does anyone have any idea what may happen to a current part-time employee if...he was arrested for a felony offense but given a suspended imposition for the sentence meaning that he will be able to avoid conviction if he does not violate probation. He may have to go to county jail for 30 days but will be given work release so that he will not miss any work. Will UPS fire this employee even though he is given a suspended imposition and not actually convicted of a felony? He wants to make UPS a full-time career and knows he made a terrible mistake. A suspended imposition is basically a 2nd chance at proving one can be a sucessful citizen and an asset to society. However, if probation is violated he would then be convicted of the felony. I think that since he is getting his head on straight now he should be allowed to keep his job since he was working there prior to getting caught. Any thoughts? if not sorry for wasting your time reading this post. . .

 

[curiousbrain]

That's a tough lot. I'm sure you will get a variety of responses: some good, some bad. Try to find the lessons where you can.

Good luck, at UPS or otherwise.

My advice? Read the contract; no one will fight harder for your butt than you - if there is a way out of it, find it; if not, use the lessons you've learned at your next job.

 

[cleveland3435]

Thanks for the honest reply brownbaggin. I checked and under some contracts around the US this would be grounds for discharge w/out a warning letter but under the central states contract it is NOT listed as an offense that warrants discharge w/out a warning letter so hopefully the union will be able to help.

 

[klein]

Why even tell the company ?
Don't ask , don't tell !

 

[steward71]

Let me say this, If he does the provation and hedoes not violate again with the time frame again then he is in the clear with the felony charge. I have never seen a judge make someone do 30 days and then add probation even in the adult court. He my have been given 30 suspended if he does not violate with in a certian time. As for UPS If he has not missed a lot of work and has not been out for a period of time then he may not loss his job.

 

[steward71]

Let me say this, If he does the provation and hedoes not violate again with the time frame again then he is in the clear with the felony charge. I have never seen a judge make someone do 30 days and then add probation even in the adult court. He my have been given 30 suspended if he does not violate with in a certian time. As for UPS If he has not missed a lot of work and has not been out for a period of time then he may not loss his job.

Sorry proabation was spelled wrong

 

[cleveland3435]

there is no plan to tell UPS about it but it is a small town and things get around so if management sees it in the local newspaper that he was given a suspended imposition for a felony offense who knows what will happen. No private company has the right to view suspended records (they are only available for law enforcement purposes) but i was wondering if management will fire him if they are aware of his arrest. Does it have to be a conviction or can they fire for being arrested?

 

[Just Lurking]

there is no plan to tell UPS about it but it is a small town and things get around so if management sees it in the local newspaper that he was given a suspended imposition for a felony offense who knows what will happen. No private company has the right to view suspended records (they are only available for law enforcement purposes) but i was wondering if management will fire him if they are aware of his arrest. Does it have to be a conviction or can they fire for being arrested?

UPS can view expunged records through the TSA.

There was a thread awhile back on this ability.

I agree with brownbaggin.

 

[cleveland3435]

I know they can view expunged records but can they use them to fire you as a part-time employee? Because the way I understand expunged records can only be used for law enforcement purposes and not by private employers. I am wondering if an expunged record can be grounds for termination?

 

[menotyou]

I believe it might depend on the state you live in. I would be asking a lawyer, though.

 

[hondo]

I recommend the affected individual talk with his union business agent/representative (re. maintaining current employment and possible future full time work), and an attorney versed in such employment/privacy laws.