Can an employer ask for my DD 214 if I’m already legally hired?

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Can an employer ask for my DD 214 if I’m already legally hired?

My employer is asking for my DD 214 for my military service. I was wondering if it’s against the law? Also, will it be against the law if I get fired if I don’t show it to them. Could I sue them?

Asked on June 7, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you don't  have an employment contract, you are an employee at will, and could be fired for essentially any reason not specifically prohibited by law, such as illegal discrimination (e.g. against an employee due to his/her race, religion, age over 40, sex, or disability). There is no prohibition against asking for this form, so your employer should be able to terminate you  if you won't comply.

2) If your made claims about your military service or separation therefrom which turn out to not be true--and which would certainly provide a good reason for the employer to ask about this form--then not only could you be fired, but you could be fired "for cause" (fraud or dishonesty) and denied unemployment compensation.

The fact that you have been hired already has no legal effect.


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