What to do if I was denied employment because the company said I falsified my application concerning my education?

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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 9 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.


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