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Old 11-23-2014, 06:24 AM
 
Location: In the Light of His Love
518 posts, read 469,677 times
Reputation: 164

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I have an acquaintance who was fired from his job and was given "False information on application" as the reason. When he questioned them they said he stated on his application that he was not committing acts in violation of state laws or the state constitution and it had come to their attention that he was. They stressed that they were not firing him for the acts itself but for providing false information on his application.

I would think that you could fire almost anyone with a question like that on your application. Has anyone seen anything like this? What should he do, if anything?
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Old 11-23-2014, 06:32 AM
 
Location: Seymour, CT
3,639 posts, read 3,339,930 times
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Quote:
Originally Posted by BishopRidge View Post
I have an acquaintance who was fired from his job and was given "False information on application" as the reason. When he questioned them they said he stated on his application that he was not committing acts in violation of state laws or the state constitution and it had come to their attention that he was. They stressed that they were not firing him for the acts itself but for providing false information on his application.

I would think that you could fire almost anyone with a question like that on your application. Has anyone seen anything like this? What should he do, if anything?
Did he falsify his answer?
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Old 11-23-2014, 06:33 AM
 
24,488 posts, read 41,141,698 times
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You can fire someone for fraud. Since your friend committed fraud, he should start sending out resumes and find a new job.
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Old 11-23-2014, 06:41 AM
 
Location: In the Light of His Love
518 posts, read 469,677 times
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Originally Posted by wolf39us View Post
Did he falsify his answer?
He answered no to the question. He say's he is not aware of any state law he is violating.
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Old 11-23-2014, 06:42 AM
 
Location: In the Light of His Love
518 posts, read 469,677 times
Reputation: 164
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Originally Posted by NJBest View Post
You can fire someone for fraud. Since your friend committed fraud, he should start sending out resumes and find a new job.
Fraud requires the knowledge that you are providing false information, I would think. He claims he still cannot derermin any law of the state he is in violation of.
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Old 11-23-2014, 06:45 AM
 
24,488 posts, read 41,141,698 times
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Quote:
Originally Posted by BishopRidge View Post
Fraud requires the knowledge that you are providing false information, I would think. He claims he still cannot derermin any law of the state he is in violation of.
I was under the impression that your friend intentionally gave false information.

Either way, the employer has the right to discontinue the employment.
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Old 11-23-2014, 06:49 AM
 
Location: In the Light of His Love
518 posts, read 469,677 times
Reputation: 164
Quote:
Originally Posted by NJBest View Post
I was under the impression that your friend intentionally gave false information.

Either way, the employer has the right to discontinue the employment.
Well what if it was something in the state constitution that the federal courts have struck down. While it remains in the state constitution you could be fired for doing something the Feds say you can do. We think it is because he is married to a white woman. In our state constitution that is forbidden. But the question was not are you in an interracial marriage it was are you in violation of any state law or the state constitution. He cannot get them to admit what it was.
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Old 11-23-2014, 06:51 AM
 
24,488 posts, read 41,141,698 times
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Quote:
Originally Posted by BishopRidge View Post
Well what if it was something in the state constitution that the federal courts have struck down. While it remains in the state constitution you could be fired for doing something the Feds say you can do. We think it is because he is married to a white woman. In our state constitution that is forbidden. But the question was not are you in an interracial marriage it was are you in violation of any state law or the state constitution. He cannot get them to admit what it was.
Good luck proving that. You're never going to get an employer to admit to that.
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Old 11-23-2014, 06:56 AM
 
Location: In the Light of His Love
518 posts, read 469,677 times
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Quote:
Originally Posted by NJBest View Post
Good luck proving that. You're never going to get an employer to admit to that.
That's what I told him. But if this is true, and I have no way of proving it, perhaps they have found a way around Federal anti-discrimination laws. Just think of some of the things that remains on the books of states and state constitutions that could be enforced through such a practice.
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Old 11-23-2014, 06:59 AM
 
24,488 posts, read 41,141,698 times
Reputation: 12920
Quote:
Originally Posted by BishopRidge View Post
That's what I told him. But if this is true, and I have no way of proving it, perhaps they have found a way around Federal anti-discrimination laws. Just think of some of the things that remains on the books of states and state constitutions that could be enforced through such a practice.
No state would hold this up. They know that it would immediately be appealed.

The reality is that the employer doesn't need any reason to fire you or your friend. They can just do it.
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