Sunday, February 7, 2010

Can you sue a fired employee for a portion of their wages if they earned them using false academic credentials?

According to the Bureau of Labor statistics pay difference for someone with ';some college'; versus as bachelor's is 38% in the region and occupation in question. Their pay was set according to BLS prevailing wage for someone with the degree the employee claimed (in writing) to hold. They've recently been fired, but have found from their university that they merely attended some classes and did not earn this degree. Essentially, they bilked my company out of inflated wages based on fraudulent claims. 5 states, not including KY (where this is) have criminal penalties for this. Do you think at least some compensation could be awarded to the company for this, to account for what their pay would have been without the claims of false credentials?Can you sue a fired employee for a portion of their wages if they earned them using false academic credentials?
No. You could use the false credentials to fire them, but you can't retroactively reduce wages under any conditions.Can you sue a fired employee for a portion of their wages if they earned them using false academic credentials?
A court would award you the difference in the value of the work that was done v. what you contracted for. They will not award the difference in the wages as the court would have to speculate on whether the employee would have agreed to take the job at the lower wage. If you would have paid the same amount to someone with a degree and if you got the same quality and quantity of work that you contracted for, there are no damages. The fraud is grounds to terminate the contract, but in most cases there are no damages.
Did they do the same amount and quality of work as someone with the degree? If they did, why should they have to accept less pay just because they don't have some piece of paper. To most intelligent people, skills, experience, and quality of work should be more important than some piece of paper.
If there were criminal penalties, it would not be exercised by you, that's a state matter. You would not get your money back.





To be sure, the onus of responsibility resides w/ the employer to check these things ahead of time. It now looks as if you accepted him the way he was.
NO you cannot get the money back.





You should have checked before you hired them.





I think you are being plain mean. You got to fire him. Move on
I doubt it. Your company should have done an education verification before hiring them.
Possibly. But it seems both petty and a waste of time. Courts and lawyers aren't free.
i wouldn't think it would be worth the effort
  • different myspace
  • Do I have any legal recourse? I was fired for talking about hockey, then my supe made false statements bout me

    I worked as a temp for a lrg Pharmaceutical comp. as an admin. asst. for 6 mos. I am a SJ Sharks fan %26amp; there are a few employees who are fans too, so as you can guess there's alot of hockey talk in the workplace. It's been slow %26amp; there isn't much work, when I get it I finish it quickly. My supe is not a hockey fan and after having 3 SHORT conversations bout hockey, I was on a biz call and the cust asked me bout the playoffs %26amp; in the middle of my conversation my supe walked over to me and emphatically told me that she was sick of hearing me talk about hockey. I had to cut my biz call short, %26amp; she told me that any hockey related conversations have to be done outside. I told her it was an unreasonable request and that we should talk about. She told me her decision is not negotiable. I told her I couldn't abide by it, so she showed me the door.


    I just found out that my supe made false accusations bout me to the temp agncy, now I can't work at that company %26amp; I won't be get good assignmnts.Do I have any legal recourse? I was fired for talking about hockey, then my supe made false statements bout me
    by saying that you could not abide by it it is considered insubordination and grounds for immediate dismissalDo I have any legal recourse? I was fired for talking about hockey, then my supe made false statements bout me
    I would say no to the legal recourse. You said yourself that she emphatically told you she was tired of it. The first mistake was telling her that you found her request unreasonable it gave her just cause to let you go.





    She may have wanted you out anyway, and as for things she told the temp agency they may have embellishments of the truth.
    Considering that you state that ';there isn't much work, when I get it I finish it quickly,'; it sounds like you DO need guidance and show a lack of initiative. Instead of quickly finishing the small amount of work they gave you and then chatting with your co-workers, you should have asked your boss for more work to do. That would be showing initiative.
    you screwed up. You have no rights when you are a temp - they can end your assignment anytime you want - the client probably told the tempo agency you refused to obey her orders - He/she did nothing wrong - you did - think before you speak next time
    No, you don't have any legal recourse, and wouldn't even if you weren't a temp. The supervisor was within her rights to file you. She didn't even need a reason, like the talking about hockey.
    Sorry hon, I don't think you have a case. Arguing with your boss is always a sure way to get fired. Good luck on your next job though.
    You want me to feel sorry cause you told your boss to shove it..........sorry...........you got what you deserved........you were warned.................

    Now that Gonzales has been exposed for making false statements, will this result in the return of the 8 fired?

    “I don't think the attorney general's statement that he was not involved in any discussions of U.S. attorney removals was accurate...”





    http://www.msnbc.msn.com/id/17852146/Now that Gonzales has been exposed for making false statements, will this result in the return of the 8 fired?
    No. Once a political appointee has been removed, whether for ethical reasons or not (or even if they just resign), they must go through the normal appointment process to get the job back.Now that Gonzales has been exposed for making false statements, will this result in the return of the 8 fired?
    The reinstatement of the 8 is really not a priority. At this point in time, the priority is to get down to the truth. There still isn't any clear evidence that Gonzales lied, but where there's smoke, there is certainly fire. And smoke detectors are beeping all over the White House!
    I hope it will result in Gonzales being fired and prosecuted along with all those who helped him, including the President.
    No, its over for them, and you can bet the next appointees will be more repuglican friendly. Come 08 Hillary will fire all or most all and get democratic frindly ones. Its all in the game.
    Will F einstein return the money ? http://www.metroactive.com/feinstein/ind…





    She was really looking after the taxpayers
    ';I don;'t think'; is NOT proof of wrongdoing, pal. and if Howard Dean turns a corner to fast, MSNBC will have a broken neck, it was just reported that MSNBC is having fits because the hearings haven't shown any wrongdoing by Gonzalez
    I swear to everything you hate everything about GWB and his administration, you are what is wrong with America, offering no solutions, just ideas on how to stick it to the President. You can quote any little article you want, the truth is that you are not very intelligent and a liberal who hates Republicans and want us to lose in Iraq just so President Bush looks bad. I cannot stand people like you with no moral compass. Gonzales did nothing wrong, I know you want him to fail, I am sick of your crap
    probably not because the government will just paper work the issue to death until everyone forgets
    They will not be renominated by the President who tacitly supported their termination.





    And yes, this is a nasty mess the WH made for itself. And, I'll go farther and say that these firings were not illegal.





    Inappropriate? You bet.





    Illegal? Prolly not. They only way this is illegal is if the WH was seeking to cut off investigations into Republicans or to further prosecute Dems. This interference is patently illegal. Now you have to prove it. The Iglesias (sp) case is most likely to bear fruit on this, should the charge be true.





    Does it buck tradition? Most certainly. Very odd to consider removing (not firing) all of your AG appointees in your second term. More so to fire 8 during the middle of their second term.





    Remember, even if we suspect they were axed to protect party officials or damage the Dems, you gotta prove it. And so far, all we have is a partisan axing based on loyalty to Bush. This, though inappropriate, is NOT illegal.





    And for you Repubs reading this, the reason to fire off subpoenas is to determine or uncover whether or not evidence exists which confirms that the firings were done to protect Repubs (Ms Lam in LA) or damage Dems (Iglesias in NM). The WH has given too many different reasons and ';errors'; (Rove wasnt involved - he was per released emails; Gonzales wasn't involced - he was per the same) to take their word for it.





    My .02
    Whether they were fired for politically motivated reasons or not, its still within the right for him to fire them no matter what the reason.





    And as someone else said saying 'I dont think his statement is accurate' is not equivalent 'being exposed for making false statments.'
    Nope...The President can remove the attorneys at any time and for any reason...Done deal......NEXT
    This is so typical of this Administration, lies, lies and more lies and now they are once again exposed. When will they ever learn, when will they ever learn?
    Why? It is an appointed position. Congress already said it was legal to remove them.

    I got fired from a job for a false accusation what can i do?

    ok i worked at this call centre for almost 2 years and then one day i used the internet on the computer when i wasn't suppose to and i got let home early buy a supervisor the next day when i came back to work i was working for an hour and the owner came to me and told me he needed to speak to me and then he spoke with me and asked me about the incident with the internet so i told him i am sorry and it won't happen again and he told me that he is going to decide if they want to keep me or not so they let me go again early as i know i am suppose to get minimum 3 hours pay i didn't talk about it as i needed my job and id isn't want to get fired so then 4 days later they call me and tell me to come back to work and there going to tell me there decision and i go there i wait for like 30 mins for them to talk to me and then at last the owner comes n asks me do you really know y i suspended you? i am like y he is like you;ve been doing criminal activity some thing about taking a credit card number from customers and doing fraud with them and stuff i had no clue what he was talking about but why suspend me for a different reason and then fire me for a differnet you know it is kinda fishy what can i do about this help me pleaseI got fired from a job for a false accusation what can i do?
    Maybe someone was using your computer without you knowing. The best thing to do is talk with a lawyer. Cause if you REALLY were doing all of that, they would have called the police. So my guess is they lied to just get you out without a hassle. But yeah, lawyer up and threaten lawsuit.I got fired from a job for a false accusation what can i do?
    I don't know what state you're in. Some states, including CA, are ';at-will'; states which means you can be fired for any reason or no reason. If you can prove you were fired because you are in one of the categories protected by the Constitution, such as race or religion, you may be able to do something about it. Otherwise, you are out of luck.
    As Fern said, if you live in an “at will” state, your employer can fire you at will, as long as the decision to fire you is not discriminatory.





    A survey I saw awhile ago said the average employee of companies that provide internet access spend about one hour a day using the internet for personal matters. Many companies have tracking software to show how much time each employee spent on the internet, the times during which they were on line, and the sites they visited (lunchtime doesn’t count).





    Maybe your employer wanted to make an example of you.





    If you decide to sue, you will have a hard time finding a lawyer to take your case. You will also find it very difficult to find another job afterwards. Employers don’t want to hire applicants who have sued a previous employer.





    Your best bet is to chalk this up to experience and find a new job.
    Sounds like they got something mixed up. You were fired for using a company computer to go on the internet. Obviously, that was against their rules.





    If you are in the US, most states allow you to be fired for anything or nothing. You will do better to put your efforts into finding a new job than suing your former employer. Even if you win your case, you won't get your job back.

    I got fired from a job for a false accusation what can i do?

    ok i worked at this call centre for almost 2 years and then one day i used the internet on the computer when i wasn't suppose to and i got let home early buy a supervisor the next day when i came back to work i was working for an hour and the owner came to me and told me he needed to speak to me and then he spoke with me and asked me about the incident with the internet so i told him i am sorry and it won't happen again and he told me that he is going to decide if they want to keep me or not so they let me go again early as i know i am suppose to get minimum 3 hours pay i didn't talk about it as i needed my job and id isn't want to get fired so then 4 days later they call me and tell me to come back to work and there going to tell me there decision and i go there i wait for like 30 mins for them to talk to me and then at last the owner comes n asks me do you really know y i suspended you? i am like y he is like you;ve been doing criminal activity some thing about taking a credit card number from customers and doing fraud with them and stuff i had no clue what he was talking about but why suspend me for a different reason and then fire me for a differnet you know it is kinda fishy what can i do about this help me pleaseI got fired from a job for a false accusation what can i do?
    Maybe someone was using your computer without you knowing. The best thing to do is talk with a lawyer. Cause if you REALLY were doing all of that, they would have called the police. So my guess is they lied to just get you out without a hassle. But yeah, lawyer up and threaten lawsuit.I got fired from a job for a false accusation what can i do?
    I don't know what state you're in. Some states, including CA, are ';at-will'; states which means you can be fired for any reason or no reason. If you can prove you were fired because you are in one of the categories protected by the Constitution, such as race or religion, you may be able to do something about it. Otherwise, you are out of luck.
    As Fern said, if you live in an “at will” state, your employer can fire you at will, as long as the decision to fire you is not discriminatory.





    A survey I saw awhile ago said the average employee of companies that provide internet access spend about one hour a day using the internet for personal matters. Many companies have tracking software to show how much time each employee spent on the internet, the times during which they were on line, and the sites they visited (lunchtime doesn’t count).





    Maybe your employer wanted to make an example of you.





    If you decide to sue, you will have a hard time finding a lawyer to take your case. You will also find it very difficult to find another job afterwards. Employers don’t want to hire applicants who have sued a previous employer.





    Your best bet is to chalk this up to experience and find a new job.
    Sounds like they got something mixed up. You were fired for using a company computer to go on the internet. Obviously, that was against their rules.





    If you are in the US, most states allow you to be fired for anything or nothing. You will do better to put your efforts into finding a new job than suing your former employer. Even if you win your case, you won't get your job back.

    The recoil of the gun when fired is bcuz the initial momentum is zero.true or false?

    Not really. The recoil is a rocket-like action. A closed pressurized chamber has the internal pressure exert equal forces in all directions and hence does not recoil in any particular direction. When suddenly a section of the wall is opened to make a hole, the force due to the previous pressure on that hole鈥檚 wall section disappears letting the opposite-direction pressure force to recoil the chamber.The recoil of the gun when fired is bcuz the initial momentum is zero.true or false?
    yes its zero momentum is mass*velsity int it?The recoil of the gun when fired is bcuz the initial momentum is zero.true or false?
    False. Whatever the initial momentum, the gun will still recoil when fired.
  • computer security
  • WRONGFUL TERMINATION FIRED ON THE SPOT FALSE ACCUSATION OF HORSE PLAYING .NO WITNESSES AND NO WRITE UPS.. HELP?

    El Paso (TX) Viewed 9 times. Posted about 1 hour ago in Wrongful Termination. Flag this as objectionable


    I WAS DISLIKED BY A CO-WORKER, THIS CO-WORKER IS THE TYPE WHO JUST WANTS TO BE LIKED SO MUCH BY THE BOSSES SHE WILL DO ANYTHING TO BE LIKED ALOT BY BOSSES. SHE LIES ALOT TO GET PEOPLE IN TROUBLE WITH OR WITHOUT WITNESSES AND SHE SUCCEEDS IN GETTING PEOPLE IN TROUBLE. THE H.R. FIRED ME WITHOUT WITNESSES.. THIS CO-WORKER WHO GOT ME FIRED BY THE H.R.. ALL OF A SUDDEN JUST CAME TO ME AND SAID SHE WAS GONNA GET ME OUT, SO SHE WENT AND TOLD THE SAFETY ENGINEER AND THE H.R. THAT I WAS HORSE PLAYING (HANGING ON A HOIST) WHICH WAS NEVER TRUE AND I WAS FIRED ON THE SPOT NO WRITE-UPS NO NOTHIN FIRED RIGHT THERE.. I FILED FOR UNEMPLOYMENT AND THEY WANT TO TAKE MY BENEFITS AWAY THEY KEEP FIGHTING WHAT CAN I DO? IM AFFRAID THEYLL TAKE MY BENEFITS AWAY OR PERHAPS THEY DID NOW..WHAT CAN I DO? WHERE CAN I GET A LAWYER TO HELP ME FOR FREE BECAUSE I CANT AFFORD ONE?WRONGFUL TERMINATION FIRED ON THE SPOT FALSE ACCUSATION OF HORSE PLAYING .NO WITNESSES AND NO WRITE UPS.. HELP?
    Here


    http://lawyers.findlaw.com/WRONGFUL TERMINATION FIRED ON THE SPOT FALSE ACCUSATION OF HORSE PLAYING .NO WITNESSES AND NO WRITE UPS.. HELP?
    I don't think there is much you can do. Employers in most states don't even have to have a reason to fire you. Most states are what is called ';at will employment'; states. It means you can quit any time, and you can be fired any time.





    The law protects certain classes of people from discrimination, but still allows for ';at will employment';.
    Unless you have an employment contract, your employer can let you go for any reason, as long as its not ';unlawful.'; Unlawful means its based on race, religion, some cases age and so on. You case doesn't seem to fit, get another job....
    Write an email to whitehouse.gov. the messiah will take care of your needs.