ARTICLE: A MEMO ON THE FALSIFICATION OF EMPLOYMENT APPLICATIONS: AN ARBITRAL PERSPECTIVE Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1983 Chicago-Kent College of Law 
Chicago-Kent Law Review

ARTICLE: A MEMO ON THE FALSIFICATION OF EMPLOYMENT APPLICATIONS: AN ARBITRAL PERSPECTIVE

1983

59 Chi.-Kent L. Rev. 997

Author

BERNARD DOBRANSKI *

Excerpt

Falsification of employment applications has become a major concern of both white and blue collar employers. Arbitrations resolving falsification discharges provide standards applicable to both employment sectors. This memo will examine the standards established by arbitrators in such cases and categorize several pertinent decisions made by arbitrators in recent years.

In making such decisions, arbitrators must carefully consider the employer's right to full, honest disclosure of all information related to making an employment determination. Given that falsification does occur, 1 arbitrators must also consider the employee's right to retain his employee status following a falsification unrelated to the employee's responsibilities or job performance.

I. ARBITRATION OF FALSIFICATION CASES -- TYPICAL SCENARIO AND STANDARDS OF REVIEW

A. Typical Scenario

Employment applications typically state that all answers must be made truthfully and that the employer retains the right to discharge if answers are not truthful. 2 An applicant thus knows the consequences of falsely completing the application. For whatever reason, 3 the applicant either omits or falsifies an answer. Dischargeable violations for falsification include failure to disclose prior arrest or correction record, 4 prior injuries or medical treatment, 5 legal relationships with current employees 6 and previous employment history. 7 The employer subsequently learns of the falsification either through random investigation or following an incident raising suspicion about the employee's capabilities or trustworthiness. 8 The employer then discharges the employee, and the employee invokes the arbitration process pursuant to a collective bargaining agreement to dispute the grounds for the discharge. ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities