Is using a pseudonym on a job application legal?

UPDATED: Nov 20, 2011

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Is using a pseudonym on a job application legal?

Asked on November 20, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is probably NOT legal:

1) First, by doing this, you are foiling the employer's ability to do a background check, which means you'd be being hired under false pretenses--i.e. you would have committed fraud.

2) As part of the above, you would be foiling their ability to check citizenship/immigration status, which means you'd be violating, and potentially causing the employer to violate, federal law.

3) If you are hired, then the use of a pseudonym might mean that taxes are not properly withheld or filed, violating federal and state tax law.

A person should apply under his or her own name. If he or she gets the job, the employee is free to ask people at work to refer to him or her by a chosen pseudonym (though he or she can't force the employer or coworkers to comply if they dcn't want to do this).

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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