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
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