What to do if I was denied employment because the company said I falsified my application concerning my education?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was denied employment because the company said I falsified my application concerning my education?
I never stated that I graduated on the application. I just disclosed the dates that I attended and sent them transcripts when asked. I questioned them about this and they verified I never stated I graduated. Do I have a case?
Asked on December 6, 2012 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You most likely do not have a case for two reasons:
1) First and foremost, in the absence of a written contract promising you employment, an employer or prospective employer is generally free to not hire you, or if you are hired, to terminate you at will. Without a contract, all employment is employment at will.
2) Documents, including employment applications, are generally understood or construed in line with how the average reasonable person would understand them. A court would most likely hold that the reasonable interpretation of writing down dates of attendence without clearly indicating that you did not graduate is that you did in fact graduate--and therefore, that you effectively did falsify your application. Therefore, even if were an employment contract, it's most likely the case that they could consider that you falsified your application and not hire or terminate you.
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 AttorneyPages.com 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.