Originally Posted by
Cubdriver
Again, I gave an analogy, not a comparison. They are similar but not the same.
It's a ridiculous one, no more so than your continued defense of the concept.
Whether you make a comparison between employers and felons committing a crime, or whether you simply try to justify your counsel to lie to employers by making an "analogy" using a felon committing a crime, is irrelevant. You gave counsel to lie to employers, be it a lie of commission, or a lie of omission. If the employer asks if you've had a warning letter and you say "no," it's a lie.
This is your counsel. Lie to employers.
You tried to justify that bad counsel with an "analogy" making a comparison between an employer asking a question, and a criminal committing a robbery. Worse, you've continued to defend your counsel, and your "analogy."
Originally Posted by
Cubdriver
Here is a reference from AC 120-68F (3-8)(a); note in particular item (3):
a. Records From the FAA. AFS-620 will provide the following:
(1) Current airman certificates with associated type ratings and limitations;
(2) Current airman medical certificate, including any limitations; and
(3) Summaries of FAA legal enforcement actions resulting in a finding by the Administrator of a violation that was not subsequently overturned. PRIA reports certificate revocations indefinitely. NOTE: Hiring employers may use a request with a signed consent by the pilot/applicant to authorize the FAA to release records of Notices of Disapproval for flight checks for certificates and ratings to an air carrier making such a request.
See
http://www.faa.gov/documentLibrary/m...%20120-68F.pdf
You've still provided nothing to back up your assertion that an employer asking about a warning letter is doing something illegal. The employer is not. The reason that you cannot make your case is because despite your continued assertions that asking about a warning letter is illegeal, it's not illegal. Your reference to above states nothing, absolutely nothing, about confidentiality of a warning letter (it isn't), and doesn't address the legality of asking about one, at all.
You won't be able to provide a reference stating that a warning letter is confidential, because it's not. There is no expectation of privacy attached. You won't be able to find anything stating that asking about a warning letter is illegal, because asking about a warning letter is not. You won't be able to find anything stating that requiring an employee to divulge a warning letter is illegal, because it's not.
Never the less, you continue to insist. Again, provide the reference. Your advisory circular is neither regulatory, nor does it support your claim, which is wrong.
Originally Posted by
Cubdriver
Warning letters are not violations, they are administrative actions. There’s a formal difference in case you did not already know.
A warning letter is an administrative action.
An enforcement action for violation of a regulation (a "violation") is an administrative action.
In case you didn't know.
Originally Posted by
Cubdriver
As such, you have grounds for legal action against them. I am not a lawyer and I have no idea how that would play out, but what I am showing you is that PRIA does (or should) not contain warning letters because they are administrative actions, not violations.
You don't know the difference between the two, and apparently didn't know that they're both administrative actions, and it's clear you're not an attorney. You should either be one, or have one on retainer before you begin floating legal counsel, however, and particularly before you start giving the suggestion to lie to employers (even if you think they're felons robbing you).