4 ms·

To be fair, a lot of contracts have a clause to confirm that you don't have any unspent convictions. Granted, you can lie and indeed it probably will never be d

To be fair, a lot of contracts have a clause to confirm that you don't have any unspent convictions. Granted, you can lie and indeed it probably will never be discovered but that's fraud.

rich_sasha 5y ago
> fraud. Depends on locale. In the UK (IANAL) it wouldn't be _fraud_, but would be grounds to terminating the contract. But not criminal. Employer could potentially sue for damages, but there must be some damages for that.
- Nextgrid 5y ago
  Thanks - this is a very good point and looks hopeful for the OP. To the OP I suggest to confirm this with a lawyer; if it's indeed not criminal and the worst outcome of a lie is termination and a civil lawsuit (which requires proving damages) it might be worth betting on it.
  - throwaway301010 5y ago
    The advantage of being an ex-lawyer is I do know this to be a criminal offence!
- wheels 5y ago
  And in Germany, it would be illegal to ask unless it was specifically relevant to the job – and courts have specifically decided that you can lie if you're asked and it's not relevant. The US tends to really overreach on that sort of thing, but it's not universal. It may even be that picking contracts in the EU would be useful.
  - Scarblac 5y ago
    > It may even be that picking contracts in the EU would be useful. After Brexit he'd need a work permit for that, and I assume convictions are a factor with those.
    - jen20 5y ago
      One only needs a work permit if physically in the EU country, not working remotely from the UK.
- chrisseaton 5y ago
  People describe anything and everything they don't agree with as 'fraud'.
- mytailorisrich 5y ago
  Fraud by false representation is a thing in the UK so I suspect that it might depend on the circumstances and the seriousness of the case but IANAL.
mostlystatic 5y ago
I just checked 5 contracts I had from around 2015, and only one mentioned convictions. Specifically: > The Supplier warrants: > that the Consultant has no criminal convictions which would reasonably affect the Company's and/or the Client's decision to allow the Consultant access to the Location(s), the Client's Systems or to provide the Services;
unixhero 5y ago
I have never seen that clause. And that may not be fraud of you have a lawyer analyse it.
throwaway301010 5y ago
Having had a conviction I don't want to pick up one for lying on my CV. In jail I knew someone convicted for just that, though I think it is rare.
- cschep 5y ago
  Lying on resumes is so common, how on earth did someone go to jail for it?
  - throwaway301010 5y ago
    yea, definitely struck me as odd too, most people bullshit a bit on CVs so whether there was more to it I don't know: TBH you don't usually ask people for details of why they're inside - it can get ... problematic.

To be fair, a lot of contracts have a clause to confirm that you don't have any unspent convictions. Granted, you can lie and indeed it probably will never be discovered but that's fraud.

rich_sasha 5y ago

> fraud. Depends on locale. In the UK (IANAL) it wouldn't be _fraud_, but would be grounds to terminating the contract. But not criminal. Employer could potentially sue for damages, but there must be some damages for that.

Nextgrid 5y ago
Thanks - this is a very good point and looks hopeful for the OP. To the OP I suggest to confirm this with a lawyer; if it's indeed not criminal and the worst outcome of a lie is termination and a civil lawsuit (which requires proving damages) it might be worth betting on it.
- throwaway301010 5y ago
  The advantage of being an ex-lawyer is I do know this to be a criminal offence!
wheels 5y ago
And in Germany, it would be illegal to ask unless it was specifically relevant to the job – and courts have specifically decided that you can lie if you're asked and it's not relevant. The US tends to really overreach on that sort of thing, but it's not universal. It may even be that picking contracts in the EU would be useful.
- Scarblac 5y ago
  > It may even be that picking contracts in the EU would be useful. After Brexit he'd need a work permit for that, and I assume convictions are a factor with those.
  - jen20 5y ago
    One only needs a work permit if physically in the EU country, not working remotely from the UK.
chrisseaton 5y ago
People describe anything and everything they don't agree with as 'fraud'.
mytailorisrich 5y ago
Fraud by false representation is a thing in the UK so I suspect that it might depend on the circumstances and the seriousness of the case but IANAL.

mostlystatic 5y ago

I just checked 5 contracts I had from around 2015, and only one mentioned convictions. Specifically: > The Supplier warrants: > that the Consultant has no criminal convictions which would reasonably affect the Company's and/or the Client's decision to allow the Consultant access to the Location(s), the Client's Systems or to provide the Services;

unixhero 5y ago

I have never seen that clause. And that may not be fraud of you have a lawyer analyse it.

throwaway301010 5y ago

Having had a conviction I don't want to pick up one for lying on my CV. In jail I knew someone convicted for just that, though I think it is rare.

cschep 5y ago
Lying on resumes is so common, how on earth did someone go to jail for it?
- throwaway301010 5y ago
  yea, definitely struck me as odd too, most people bullshit a bit on CVs so whether there was more to it I don't know: TBH you don't usually ask people for details of why they're inside - it can get ... problematic.