Resume fraud complicates firing claims
Article Abstract:
Individuals suing former employers for discrimination after discharge can find their situations complicated if the defendant discovers they lied on their resumes when applying for employment. Many federal circuit court cases have dealt with this issue, with the 11th Circuit holding that evidence of resume fraud revealed after a discrimination claim has been filed should not prevent the employee from pursuing the claim, while the 6th and 7th Circuit allowed the employer to defend a discrimination claim using after-acquired evidence of resume fraud. The application of the 1991 Civil Rights Act still needs to be considered.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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The Supreme Court has ruled that after-acquired evidence of wrongdoing can restrict ADEA awards, but does not guarantee employers summary judgement
Article Abstract:
The Supreme Court's decision in McKennon v. Nashville Banner Publishing Co. will change the ways plaintiffs and defendants in unfair dismissal suits seeking Age Discrimination in Employment Act damages handle their cases. Back pay up to the time when after-acquired evidence is discovered is still a possible remedy, but reinstatement and pay for time after the discovery are no longer issues in cases with after-acquired evidence. This makes the discovery process even more important for both sides in a case.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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After 'McKennon,' employers cannot be sure that after-acquired evidence of an employee's fraud or misconduct will bar recovery in a suit against the company
Article Abstract:
The US Supreme Court's ruling in McKennon v. Nashville Banner Publishing may reduce the value to employers of evidence acquired after dismissal that a former employee filing a complaint had deceived the company or acted wrongly. Such after-acquired evidence remains fairly useful in wrongful-termination litigation or a breach-of-contract action, but courts have held that public policy still offers fraudulent employees some protection in discrimination claims, though the employee's remedies may be reduced.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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