A Memo on the Falsification of Employment Applications: An Arbitral Perspective

Abstract:     
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,' 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.

Number of Pages in PDF File: 10

Keywords: employers, employees, arbitration, employment applications, disclosure, falsification

Accepted Paper Series