What are my rights ifI am being accused of lying on my job application?

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What are my rights ifI am being accused of lying on my job application?

I was hired at my job about 3months ago, however, now I am being denied my work permit because I had a misdemeanor in 2002 that I honestly forgot to report. So now I am being accused of lying on my application and cannot return to work until it is resolved. What should I do?

Asked on September 14, 2010 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There probably is nothing you can do. Employers have enormous discretion to hire, fire, terminate, suspend, discipline, etc. employees; in fact, all employees without employment contracts are called "employees at will" because they are literally employed at the will or whim of their employer. (Note: if you have an employment contract, you can enforce its terms, if any, about suspension, etc.) Your employer could therefore suspend or terminate you for any reason, including an error or omission on your employment application. You best bet may be simply and humbly explain and apologize; you probably do not have grounds for any sort of legal action, unless you can show that the employer's action was linked to some sort of discrimination (e.g. race, sex, religion, age over 40, disability) or was retaliation for your filing a protected claim, such as for overtime.


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