Sometimes, candidates filling out job applications think it’s a good idea to omit information about minor criminal convictions and past problems such as
If your application specifically asks for that information and someone you hired didn’t supply it, you can terminate for lying on the application. Just make sure you apply the rule evenly to everyone.
Recent case: Stephen Russell was fired as a temporary bridge and tunnel officer. His employer discovered he had lied about a criminal record, license suspensions and . He sued, alleging the agency didn’t have the right to fire him for those omissions.
The court disagreed. It said the application omissions were a rational reason for firing him. (Russell v. New York City, No. 2007-01996, Supreme Court of New York, Appellate Division, 2008)
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- Court won't second-guess good-faith firing decisions
- Tread lightly when contemplating firing employee who's been convicted of a crime
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- Don't punish employees for their off-site political activity