Can a company deny my employment?

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Can a company deny my employment?

Hi,
Currently I’m being told I won’t be
hired by a company if I don’t have my
name match exactly on my passport,
social security, and work authorization.
The only difference is my middle name on
the work authorization is abbreviated,
while on the passport it’s my full
middle name. Can they legally ask me to
change my official documents and deny me
employment if I don’t?

Asked on October 6, 2017 under Immigration Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When you ask can they "deny me employment," you imply that you believe that there is some right to employment. However, there is no such right--employment in this country is "employment at will." That means there is no right to a job and an employer may refuse to hire anyone it wishes for any reason, so long as it is not refusing in order to discriminate on race, color, national origin, religion, age 40 or over, sex, or disability. Any reason for not hiring that is not discriminatory is legal. If there is a mismatch in your documentation, that  does point out a legitimate issue in terms of your identification papers, which they could point to as justification were you to try, for example, to raise a discrimination claim; therefore, it if very likely that they may legally refuse to hire you in this instance.


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