HR people

[Admin]

I asked my HR department and of course they didn't know.

I received a resume where the applicant listed Army as one of his past jobs.

He didn't list an MOS, he just listed Infantry... I like his resume and will probably call him in for an interview. Since he put his military experience on his resume can I legally ask him for a copy of his DD-214 to confirm his duty?

 

[KMaurer]

I think only if he's claiming a vereran preference, and maybe only if you decide to hire him based on that. Not certain.

Ken

 

[Admin]

Well if he's equally qualified with another person he's got the edge. I just would like to verify the contract and MOS that he is claiming.

 

[pj150]

I believe you can. You are just checking/verifiying what is on the resume. Nothing illegal there.

 

[Admin]

I believe you can. You are just checking/verifiying what is on the resume. Nothing illegal there.

That's what I'm hoping for. Thanks to this liberal/Socialist/You owe me a job mentality now, I can't ask without finding the legalities first...

 

[codenamepaul]

If he signed the release for a background check, or had "references available upon request" on his resume, you are good. From a legal standpoint.

If neither, get the release and ask for it or tell HR you want the info for the military service and let them get it.

 

[Mr Weebles]

If he signed the release for a background check, or had "references available upon request" on his resume, you are good. From a legal standpoint.

I think the former would have more standing than the latter as to whether you can legally ask for a DD214. References are different than a release agreement. Of course, I'm not a lawyer, nor did I stay at a Holiday Inn last night.

OTOH, why don't you just ask him some questions during the interview? People who fake military service are easy to spot. One of my former coworkers claimed to have been a sniper in the Army and after spending 5 minutes talking to him it was obvious that not only was he never a sniper, he had never been in the Army at all.

My resume lists my service as US Navy, Electronic Warfare Technician, E-4, and the years. Only one person I interviewed with in the last 15 years has asked me about it.

 

[Admin]

OTOH, why don't you just ask him some questions during the interview? People who fake military service are easy to spot. One of my former coworkers claimed to have been a sniper in the Army and after spending 5 minutes talking to him it was obvious that not only was he never a sniper, he had never been in the Army at all.

From the few job descriptions he listed on the Resume I can tell he has .mil experience it just doesnt seem to jive with the 11B MOS unless he was a light duty bandit...

 

[Thor67]

If there is no company policy to ask on your end, and prior experience is not a job requirement or attribute, and there is no advantage given to prior service, then you may be better served by just asking relevant questions, especially if he was in a few years ago and has other job experience/referrences.

 

[MrsWildweasel]

If it's an electronics mos I believe it is like a 31 series now used to be 33. Martlet could fill you in on it.

 

[Pilgrim]

I just asked my HR person here if she can ask for DD214's and she said the app signs a statement authorizing her to do a background check and the DD214 is part of it.

So I guess it's whatever is stated on the job app that the new guy signs and agrees to..

 

[Admin]

I left a message for our attorney. I will post her comments when she calls me back...

 

[springer]

If there is no company policy to ask on your end, and prior experience is not a job requirement or attribute, and there is no advantage given to prior service, then you may be better served by just asking relevant questions, especially if he was in a few years ago and has other job experience/referrences.

Not relevant???

Do you really want a pathological liar working for you???

 

[Admin]

Not relevant???

Do you really want a pathological liar working for you???

That's why I want to see the DD-214... I have a feeling his military experience isn't stated factually...

 

[Moderator]

After searching the web, It looks like and government agency can ask for a copy. I don't see where it states you can't.

 

[Thor67]

Springer - reread my post. I'm not at all saying that it isn't relevant.

I was saying that Derek could get at the issue without getting into hot water by asking relevant questions on the applicant's military service and probably spot a BSer without the DD-214.

Employment law is so f'ed up that sometimes it's better to go through a backdoor, especially when the original post was that HR wasn't being too helpful. Apparently Derek went high enough up the food chain to get someone who knew more about the issue.

Derek - good luck!

 

[depicts]

There's your MOS, and then there is the duty they give you.

It would be easy to be an 11Bravo (Infantry) and still have other job descriptions that may not be on the DD214.

In many units you fill a slot for your MOS, but they may need you more in the motor pool or Comm section, and they can't formally transfer you to that MOS, because they are only allowed so many slots in each MOS

 

[Admin]

I know depicts... But if his 214 says another MOS I know he's lying...

 

[Mike508]

Hey all. Derek this comes from an HR V.P. -

"It is not legal to request the type of military discharge or to request
discharge papers. You can, however, ask about duration of service, ranks
achieved, training and work experience gained in the military."

ETA:
Subject: Military

Unlawful Inquiries: Type or condition of military discharge. Applicant's experience in other than US armed forces. Request for discharge papers.

Lawful Inquiries: Inquiries concerning education, training or work experience in the armed forces of the United States. (Note, in many areas, veterans are a protected class.)