Can a company deny my employment?

UPDATED: Oct 1, 2022

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Can a company deny my employment?

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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