AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Untruthfulness & Resume Fraud

     Monthly Law Journal Article: Disciplinary Consequences of Peace Officer Untruthfulness Part I - Job Applications, 2008 (9) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Disciplinary Consequences of Peace Officer Untruthfulness Part II - Employee Dishonesty, 2008 (10) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Pre-employment Polygraph Examinations of Public Safety Applicants - Part 1, 2011 (7) AELE Mo. L. J. 201    
     Monthly Law Journal Article:
Pre-employment Polygraph Examinations of Public Safety Applicants - Part 2, 2011 (8) AELE Mo. L. J. 201
     Monthly Law Journal Article: Polygraph Examinations of Current Public Safety Employees, 2012 (1) AELE Mo. L. J. 201.

Criminal investigations

    A former FBI Agent who engaged in a sexual relationship with a confidential informant was sentenced to a year in prison for making a number of false statements to his supervisor and to Justice Department investigators. He falsely stated, while signing up the woman as a confidential informant, that she was not a suspect in any pending investigation, and lied about whether he had given FBI reports to the informant's attorney. U.S. v. [Adrian] Busby #1:11-cr-00370 (S.D.N.Y. 2012).
     Supreme Court votes 7-to-2 to reverse the line of cases that allowed a criminal suspect to reply an "exculpatory no." 18 U.S. Code Sec. 1001 permits prosecutions for lying to a federal agent. Brogan v. U.S., 1998 U.S. Lexis 648, 118 S.Ct. 805. [1998 FP 35]

Discovery issues
     Appeals court upholds the decision by an arbitration panel of not to issue a subpoena for the disciplinary files of other officers who were disciplined for untruthfulness. AFSCME v. City of New Haven, #AC 23347, 2004 Conn. App. Lexis 56 (2004). [2004 FP Apr]

Falsifying time cards or other records
     Arbitrator sustains the termination of a public employee, without a prior warning, for falsifying a doctor’s note, extending the time that she could be off work. Univ. of Calif. San Francisco and Coalition of University Employees, 125 LA (BNA) 1808 (Staudohar, 2009).
     Arbitrator sustains the termination of a worker for dishonesty; the grievant claimed he was suffering from an injury, not an illness, and it is “clear to anyone who watched the video of him at Home Depot that he was ambulatory and had a fair range of motion in both shoulders.” Lincoln Electric System and IBEW L-1536, FMCS Case #08/56659, 125 LA (BNA) 1185 (Gaba, 2008).
     Arbitrator sustains the termination of a water dept. worker for falsifying records. AFSCME C-8, L-101 and City of Dayton, AAA #52-390-00330-04 (Graham, 2005).
     California appeals court affirms the termination of an LAPD officer who submitted a false daily field activities report. Haney v. City of Los Angeles, No. B153530, 2003 Cal. App. Lexis 763 (2d Dist. 2003).

Filing a false police report, claim or complaint
     Appellate panel sustains the termination of a postal employee for falsifying time records. White v. Postal Service, #2010-3057, 2010 U.S. App. Lexis 12062 (Unpub. Fed. Cir.).
     Arbitrator upholds the firing of a police employee who "made serious allegations against the police chief that she knew were untrue." A police dept. "must have confidence that its employees will be truthful at all times." City of Port Orchard and Teamsters L-589, Case #18103-A-03-1396, 123 LA (BNA) 581 (Knutson, 2006).
     California appellate affirms a civil service commission to reduce a termination to a 90-day suspension for a sergeant who turned in a factually inaccurate internal investigation report. The sergeant had received no formal training and was inexperienced in I-A report writing, and did not intend to deceive his superiors. Kolender v. San Diego County Civil Service Commission (Salenko), #D045266, 132 Cal.App.4th 1150, 2005 Cal. App. Lexis 1492, 2005 WL 2002283 (4th Dist. 2005). [2005 FP Dec]
     Massachusetts Supreme Court overturns an arbitration award reinstating an officer that falsely arrested a citizen and repeatedly lied in his reports about the event. "A police officer who ... shrouds his own misconduct in an extended web of lies and perjured testimony, corrodes the public's confidence in its police force." City of Boston v. Boston Police Assn., #SJC-09297, 443 Mass. 813, 824 N.E.2d 855, 2005 Mass. Lexis 151 (Mass. 2005). [2005 FP Jun]
     Whistleblower law did not protect a North Carolina state trooper who was fired for omitting information about the use of force by another officer in his initial report, and then reported it in an amended report. Newberne v. Crime Control and Public Safety, #COA03-530, 606 S.E.2d 742, 2005 N.C. App. Lexis 176 (2005).
     Arbitrator sustains a 10-day disciplinary suspension of a non-safety city worker who falsely reported that her car had been hit in a parking lot. City of North Ridgedale and AFSCME L-3442, 119 LA (BNA) 747 (Fullmer, 2003).
     Arbitrator sustains the termination of an officer, who had a prior disciplinary offense, of neglect of duty and false reporting. He falsely claimed he was only parked in a secluded area a short period while on a meal break. City of Cooper City and Broward Co. PBA, 118 LA (BNA) 842, FMCS Case #020814/04630-3 (Hoffman, 2003). [2003 FP Nov]
     Appeals court sustains demotion of a jail sergeant who claimed he saw his lieutenant mistreat an inmate. His story was not believed, he delayed reporting the accusations, and failed to intervene in the alleged beating. LaGrange v. Nueces Co., 989 S.W.2d 96 (Tex.App. 1999). [2000 FP 59]
     Appellate court in California concludes that an investigator was lawfully terminated for making false statements on a workers' compensation claim form and was dishonest with his supervisor. Holmes v. Dist. Atty., 81 Cal.Rptr.2d 174, 1998 Cal. App. Lexis 1094. [1999 FP 40]
     Appellate court upholds termination of a police officer who failed to conduct a proper felony investigation, gave false and misleading statements to another officer, failed to complete a report, submitted an inaccurate report, and possessed another officer's uniform. Marino v. City of Los Angeles, 110 Cal.Rptr. 45, 34 Cal.App.3d 461 (1973).
     Termination upheld for making a false written statement. Cruz v. City of San Antonio, 440 S.W.2d 924 (Tex.Civ. App. 1969).
     Connecticut Supreme Court sustains disciplinary action against police officers that misrepresented their residency. Wilbur v. Walsh, 147 Conn. 317, 160 A.2d 755 (1960).

Immunity of persons who respond to investigators
     California appellate court holds that statements made by a former employer during a background investigation by a law enforcement agency were absolutely privileged against a suit for defamation. Shea v. General Tel., 193 Cal.App.3d 1040, 238 Cal.Rptr. 715 (App. 1987).
     Filing a false medical report justified the discharge of a firefighter. Nelmark v. DeKalb Bd. of Fire & P. Cmsnrs., 512 N.E.2d 1021 (Ill.App. 1987).

Intent (necessity of)
     Federal Merit Board overturns an arbitrator that upheld the termination of a FLETC instructor for falsifying her educational qualifications. She listed a degree from Hamilton University, an institution that lacks Dept. of Education approval and grants credit for "life experiences." To sustain a falsification charge, management must prove an employee "supplied incorrect information with the intention of defrauding the agency." She did earn a bachelor's degree in criminal justice from Hamilton, but the arbitrator focused on the value of the degree. FitzGerald v. Dept. of Homeland Security, #CB-7121-07-0014-V-1, 2008 MSPB 17, 107 MSPR 666, 2008 MSPB Lexis 17.
     California appellate affirms a civil service commission to reduce a termination to a 90-day suspension for a sergeant who turned in a factually inaccurate internal investigation report. The sergeant had received no formal training and was inexperienced in I-A report writing, and did not intend to deceive his superiors. Kolender v. San Diego County Civil Service Commission (Salenko), #D045266, 132 Cal.App.4th 1150, 2005 Cal. App. Lexis 1492, 2005 WL 2002283 (4th Dist. 2005). [2005 FP Dec]
     An intent to deceive is a necessary element of the offense of untruthfulness. Smith v. Co. of Riverside, #E037260, 2006 Cal. App. Unpub. Lexis 2344 (4th Dist. 2005). [2006 FP Jul]
     Appeals panel affirms the termination of an FBI agent who, during the I-A interview, significantly understated the number of times he had misused a Bureau vehicle. It was unnecessary to prove an intent to deceive his superiors. cards). Ludlum v. Dept. of Justice, #01-3093, 278 F.3d 1280, 2002 U.S. App. Lexis 1128 (Fed.Cir. 2002). [2002 FP Apr]

Lying in a judicial proceeding or otherwise when under oath
     A Chicago police officer was fired on the basis that he committed perjury in a proceeding concerning charges of criminal harassment against his second wife by stating that he did not testify in the divorce case involving his first wife. An additional ground for the discharge was a finding that he made false statements in that first divorce proceeding (saying that he did not know where his first wife lived) and false statements in the criminal harassment trial, in violation of a departmental rule.
     An intermediate appeals court ruled that he had not committed the crime of perjury, since his false statement at the criminal proceeding was immaterial to the issue of harassment. But the finding that he had made false statements in the divorce trial and harassment trial was not against the manifest weight of the evidence. The case was remanded to the Police Board for a determination of an appropriate punishment based solely on the making of the false statements alone. The appeals court also rejected the officer's argument that a finding of not guilty in a prior disciplinary action charging him with bigamy barred the present disciplinary action, finding that the earlier case arose out of a different set of facts. Taylor v. Police Board of the City of Chicago, #1-10-1156, 2011 Ill. App. Lexis 1150, 2011 IL App (1st) 101156.
     Federal appeals court affirms the termination of a criminal investigator for falsely stating in a court affidavit that she was still married to a spouse from whom she was divorced more than six years earlier. Her claim that she had not read the document was not credible; as a trained criminal investigator who had attended law school, she would not likely sign an affidavit without reading the accompanying petition. Hernandez v. Department of Homeland Security, #2009-3038, 2009 U.S. App. Lexis 10021 (Unpub. Fed. Cir.).
     Appellate court sustains the termination of an officer who, while off-duty, engaged in a high-speed pursuit and failed to report that another officer had discharged his weapon. He "stood mute as L__ lied about firing his gun." "When police officers fail to correct misinformation from their fellow officers, and lie to obstruct investigation into official misconduct, they have forsaken their central duties to protect the citizens of the community." Remus v. Sheahan, #1-06-0756, 2009 Ill. App. Lexis 18 (1st Dist.).
     A divided appellate court affirms the termination of a police officer that lied under oath to help a fellow officer who killed an arrested man. In a 2-to-1 holding, the court set aside the arbitrator's award reducing the punishment to a three-day suspension because a penalty matrix used in deciding disciplinary punishment was not referenced in the bargaining agreement. City of Cincinnati v. Queen City Lodge (Spellen), #C- 040454, 2005 Ohio 1560, 2005 Ohio App. Lexis 1522 (2005); #A0509129 (Cm.Pl. Hamil. Co. 2005). [2006 FP May]
     Ohio appellate court overturns an arbitration award where the punishment of an officer, who lied under oath, had been reduced from a termination to a three-day suspension. "It is also common sense and an inherent expectation that law enforcement officers taking an oath to uphold laws and serve the community must not lie. Honesty and service to the community are expectations of all law enforcement officers. A violation of this trust impairs an officer's ability to perform the duties of his/her job." City of Cincinnati v. Queen City L-69, F.O.P., # C-040454, 2005 Ohio App. Lexis 1522, 2995 Ohio 1560 (1st Dist. 2005). [2005 FP Jun]
     Justice Dept. indicts a Deputy U.S. Marshal for perjury, following an intimate relationship with an alternate juror in the Oklahoma bombing prosecution of Timothy McVeigh. Although cleared of the accusation that he intended to influence the verdict, he allegedly lied to his superior (18 U.S. Code §1001) and before a grand jury (18 U.S. Code §1623) about his contacts with the juror. U.S. v. Benny Bailey, #1:02 CR 00095 (D.Colo. 2002); DoJ Press Release 02-103.
     Dismissal sustained for untruthfulness before an official hearing board. Foran v. Murphy, 342 N.Y.S.2d 4 (A.D. 1973).
     Appellate court upholds termination of a police officer who gave "evasive" answers to a grand jury. Donnelly v. Police Dept., 40 A.D.2d 649, 336 N.Y.S.2d 508 (1972).
     Termination upheld for filing an untruthful affidavit. Waseman v. Roman, 168 S.E.2d 548 (W.Va. 1969).

Lying to superiors or internal affairs investigators

     A police officer employed by a city was terminated after he committed an act of domestic battery and then lied about doing so. The union representing officers filed a grievance asserting that the discharge was not for just cause. An arbitrator agreed, and ordered that he be reinstated. A trial court found that the arbitration decision was void and in violation of public policy. An appeals court upheld that ruling. “We are aware of no case, and no statute, that requires an allegation of misconduct in this context be proved by clear and convincing evidence because the misconduct may also be criminal and because the City seeks to discharge the officer. There is well-defined and dominant public policy against acts of domestic violence. Acts of domestic violence are even more disturbing when committed by a police officer – whether on or off duty. It is a violation of public policy to require the continued employment of an officer who has been found to be abusive and untruthful. We find the standard of proof is preponderance of the evidence. The Arbitrator concluded the act was proved by a preponderance and the lie was proved by a preponderance. It would be repugnant to public policy to retain [him] as a police officer in these circumstances.” Decatur Police Benevolent and Protective Ass’n Labor Committee v. City of Decatur, #4-11-0764. 968 N.E.2d 749 (Ill. App. 2012).
     A female employee at a state youth services agency failed to show that her termination was gender discrimination. She argued that her firing for lying about having had concerns about the wisdom of releasing a young man from residential custody into a community-based treatment program was a pretext for sex discrimination. The young man released committed a murder. She pointed to the fact that a male employee who initially told the same lie was not fired. The appeals court found that the two employees were not similarly situated as to their acts of dishonesty, in that the male employee quickly retracted his initial lie, while the plaintiff did not. Twiggs v. Selig, #11-1682, 2012 U.S. App. Lexis 11210 (8th Cir.).
    Administrative charges against a police officer for making false statements about past misconduct in the course of an internal investigations were not barred by a one year limitations period provided in the Maryland Law Enforcement Officers’ Bill of Rights, Md. Code Public Safety §3-106(a). The limitations period starts to run from the day the officer's false statement came to their attention rather than from the date the underlying incident came to departmental attention. Robinson v. Baltimore Police Dept., #2011-17, 2011 Md. Lexis775.
     A probationary correctional officer failed to show that she was constructively terminated and compelled to resign in retaliation for her refusal to make false statements to a grand jury, in violation of her First Amendment rights. She had observed a couple arguing outside a home, and had allegedly been pressured by a police detective who was unsatisfied with her statements indicating that what she had observed had not been a battery. He allegedly complained to her employer in an attempt to bully her into changing her story, which she refused to do. She failed to show that the alleged firing was retaliatory, and had no protected interest in staying on the job, given her probationary status. Redd v. Nolan, #10-2680, 2011 U.S. App. Lexis 23692 (7th Cir.).
     Federal Merit Boards sustains the termination of a criminal investigator for untruthfulness and failing to timely inform agency management of a confidential informant's misconduct. Bencomo v. Dept. of Homeland Security, #DA-0752-09-0332-I-1, 2011 MSPB 22.
     Rejecting a defense that memories are inaccurate, an Ohio arbitrator upholds the termination of a police officer accused of lying to a citizen and to his superiors. "... discharge is an acceptable penalty in light of the higher standard expected of officers of the law," and the grievant previously was counseled about untruthfulness. FOP Ohio and City of Springboro, FMCS #09-02052 (Nowell, 2010).
     Even though a postal worker was acquitted of theft charges, an appellate court affirms his conviction for making false statements to postal inspectors. United States v. Algee, #08-3196, 2008 U.S. App. Lexis 6007, 2010 FED App. 0081P (6th Cir.).
     In affirming the termination of a federal worker for lack of candor, the undisputed evidence demonstrates that, moments after she left a voicemail message for her supervisor stating that she was unable to report for duty due to illness, background laughter ensued, and she admitted that she came up with excuses for her absences on both dates.  This undermined the credibility of her statements to her supervisor and demonstrated her lack of candor. Smith v. Dept. of Interior, #DC-0752-09-0135-I-1, 2009 MSPB 165, 2009 MSPB Lexis 5660.
     Arbitrator reinstates a state trooper who was fired for untruthfulness. The grievant “was under extreme stress from his workload, from his family, [and] from a racial profiling charge.” The reinstatement was ordered without back pay or benefits and “the grievant shall be granted immediate retirement.” State of Ohio and Ohio State Troopers Assn., Grievance No. 15-03-080122-0004-04-01, 125 LA (BNA) 428 (Feldman, 2008).
    Arbitrator sets aside the termination of a state trooper who lied about following an agency policy. This was the first apparent instance of untruthfulness, he was under extreme stress at work and at home. The arbitrator ordered the grievant to be reinstated without back pay or benefits and granted immediate retirement. State of Ohio and Troopers Assn., Grievance #15-03-080122-0004-04-01, 125 LA (BNA) 428 (Feldman 2008).
     Arbitrator sustains the termination of a municipal employee that intentionally delayed providing notification of his divorce to management so that his ex-wife could continue to access his health insurance coverage; when confronted, the grievant was not honest or forthcoming. City of Eugene and AFSCME L-1724, 124 LA (BNA) 1724 (Henner, 2008).
     Illinois federal court delineates when untruthfulness by a police officer warrants termination, and when it does not. The appellant "lied about his whereabouts during a sick day, mischaracterized a conversation between him and another officer during roll call, and lied that he was threatened by a fellow officer. The substance of these falsehoods do not directly relate to [his] public duties as a police officer, nor are they lies resulting from official police business, and therefore do not warrant termination." Harder v. Vil. of Forest Park, #05-C-5800, 2008 U.S. Dist. Lexis 36892 (N.D.Ill.).
     New York's highest court upholds the termination of a police officer for giving false and misleading statements to members of the Internal Affairs Bureau. Duncan v. Kelly, #47-SSM-36, 2008 N.Y. Lexis 66, 2008 NY Slip Op 00181, 2008 NY Int. 5.
     New York appellate court rejects an unusual theory that a probationary NYPD officer should not have been fired for making false and misleading statements to internal affairs investigators, because the underlying offense of credit card fraud occurred before he was hired. The panel also discarded a claim that internal affairs lacked authority to question him about preservice conduct because hiring decisions are made by the city's Dept. of Admin. Services. Matter of Duncan v. Kelly, #104079/04, 2007 NY Slip Op 06408, 2007 N.Y. App. Div. Lexis 8923 (1st Dept.).
     N.H. Supreme Court upholds the termination of a police chief who gave agency ammunition to a businessman and then lied about his conduct. His "lack of candor was a violation of the police dept's policy of truthfulness in an investigation and fell below the standard of behavior appropriate for his position." Yoder v. Middleton, #2004-122, 2005 N.H. Lexis 101 (N.H. 2005).
     Nebraska Supreme Court upholds the decertification of a state trooper who repeatedly physically abused his wife and also lied to an investigating officer. Hauser v. Nebraska Police Standards Advisory Council, #S-03-1386, 269 Neb. 541, 694 N.W.2d 171, 2005 Neb. Lexis 64 (2005). [2005 FP Jun]
     Appeals court declines to overturn the termination of a police officer who violated agency policy and was untruthful about his conduct. Honesty is critical to an officer's performance of duty. Huemiller, v. Ogden Civil Service Cmsn., #20010968-CA, 2004 UT App 375, 101 P.3d 394, 2004 Utah App. Lexis 414 (2004). [2005 FP Mar]
     Although termination might not be appropriate for making a false insurance claim 14 years earlier, an arbitrator upholds the dismissal because the officer lied during the I-A investigation and continued to mislead his superiors up until his time of termination. Kitsap Co. and K.C. Deputy Sheriff's Guild, 118 LA (BNA) 1173, AAA #75-L-390-00240-02 (Gaba, 2003). [2004 FP Feb]
     Oregon courts affirm an arbitrator's decision to reinstate an officer who used marijuana and lied about it. Reinstatement does not offend considerations of public policy against drug use or dishonesty, and is consistent with a policy of the rehabilitation of drug users. Washington Co. Police Assn. v. Washington Co., Ore. Empl. Rel. Bd. #UP 76-99; aff'd, SC#S49518, 335 Ore. 198, 63 P.3d 1167, 2003 Ore. Lexis 120, 172 LRRM (BNA) 2037 (Ore. 2003); action on remand at #A114208, 69 P.3d 767; 2003 Ore. App. Lexis 629, 172 LRRM (BNA) 2592 (Ore. App. 2003). [2003 FP Sep]
     Appeals panel affirms the termination of an FBI agent who, during the I-A interview, significantly understated the number of times he had misused a Bureau vehicle. It was unnecessary to prove an intent to deceive his superiors. cards). Ludlum v. Dept. of Justice, #01-3093, 278 F.3d 1280, 2002 U.S. App. Lexis 1128 (Fed.Cir. 2002).   [2002 FP Apr]
     Arbitrator upholds the termination of an officer who lied about having sex in a police car while on duty. City of Cuyahoga Falls, Ohio and Fraternal Order of Police, FMCS #010302/007108-6, 116 LA (BNA) 545 (2001). [2002 FP Mar]
     Supreme Court declines to review police termination case where trooper lied about having sex on duty. Martin v. Kentucky State Police, #98-466, 119 S.Ct. 511, 1998 U.S. Lexis 7289, 142 L.Ed.2d 424 (1998). [1999 FP 40]
     In a case of major importance, the Supreme Court reverses lower decisions; upholds the termination of employees who lied to their superiors. Punishment also can be added for those who lie. LaChance v. Erickson, 1522 U.S. 262, 118 S.Ct. 753 (1998). [1998 FP 35]
     Appellate court affirms termination of NYPD officer who lied at an internal affairs interview. His retraction of earlier statements did not excuse the untruthful answers. Spiratos v. Safir, 672 N.Y.S.2d 311 (A.D. 1998).
     Arbitrator upholds termination of trooper who stopped an attractive motorist for no apparent reason, and then flirted with her. He also lied about the incident to his superiors. Ohio (State of) and FOP Council 1, 34 (1693) G.E.R.R. (BNA) 1702 (Feldman, 1996). [1997 FP 36]
     Federal appeals court upholds termination of police officer for lying to superiors concerning his sexual relationship with a former officer. Sweeney v. City of Ladue, 25 F.3d 702, 1994 U.S. App. Lexis 13215, 64 FEP Cases (BNA) 1633 (8th Cir. 1994). [1994 FP 149]

Miscellaneous deceptions
     Arbitrator reinstates a fire lieutenant that polluted a urine sample. He did not abuse drugs, but did engage in deception. Reinstatement without back pay was sufficient punishment. Fort Lauderdale (City of) and Prof. Firefighters L-1545, 115 LA (BNA) 418 (Mittenthal, 2001). [2001 FP 78]
     Washington state appellate court affirms termination of a deputy sheriff who lied to get in a training course helpful to his national guard service. Kursar v. Whatcom Co., #44585-5-I, 101 Wn. App. 1013, 2000 Wash. App. Lexis 903. [2001 FP 13-4]
     California appellate court holds that a civil service commission abused its discretion when it reduced a termination to a 90-day suspension, imposed on a deputy sheriff who lied to cover up a fellow officer's physical abuse of an inmate. Kolender v. San Diego Co. Civ. Serv. Cmsn. (Berry), #D045268, 132 Cal.App.4th 716, 34 Cal.Rptr.3d 1, 2005 Cal. App. Lexis 1421 (4th Dist. 2005). [2005 FP Dec]

Resume fraud or job application omissions and falsehoods

     Appellate court affirms the termination of a NYPD officer, who, during the hiring process, concealed the fact that he had been a suspect in a criminal homicide while in the army and had associated with members of a gang that had committed a homicide. Walsh v. Kelly, #3916, 2010 NY Slip Op 9346, 912 N.Y.S.2d 406, 2010 N.Y. App. Div. Lexis 9416.
     Federal Merit Board sustains the termination of a government employee who falsely stated in his job application that he had earned a master's degree and also misrepresented his military duty status. Crump v. Dept. of Veterans Affairs, #CH-0752-06-0820-I-4, 2010 MSPB 119.
     Arbitrator orders reinstatement of a federal prison employee who omitted mention of receiving non-judicial punishment while in the Navy. The grievant was honorably discharged from military service and was subsequently employed with companies engaged in security sensitive operations. Fed. Bur. of Prisons and AFGE L-3969, 126 LA (BNA) 201, FMCS Case #08/54183 (Riker, 2009).
     Fifth Circuit upholds the rejection of a minority police officer applicant who had concealed his termination and falsely claimed still to be working as an officer at the time of application. Smart v. Geren, #08-50448, 2008 U.S. App. Lexis 24995 (Unpub. 6th Cir.).
     Rejected Haitian applicant for state trooper position failed to establish that he was qualified, after a supplemental investigation revealed six discrepancies in his application: (1) false statements to the Social Security Administration; (2) omission of having filed for divorce; (3) omission of school transcripts; (4) omission of a physical altercation with his wife; (5) automobile insurance fraud; and (6) fraud in applying for a Florida driver’s license. Gaston v. State of New Jersey, #08-1831, 2008 US App (3rd) 1572, 2008 U.S. App. Lexis 23576 (3rd Cir).  
     Arbitrator orders the reinstatement of a Bureau of Prisons employee in spite of her failure to disclose an investigation of her at another location. She had an excellent work record and was cleared of charges. Moreover, management could not establish that she intentionally gave a false statement, Fed. Bur. of Prisons and AFGE L-0922, FMCS Case #07-02327, 125 LA (BNA) 573 (Nicholas).
    Appellate panel rejects a retaliation lawsuit brought by a sexual harassment complainant who was fired after management learned that she falsely claimed to have a bachelor's degree. Kosan v. Utah Dept. of Corrections, #07-4261, 2008 U.S. App. Lexis 18381 (10th Cir.).
     Federal appeals court sustains the termination of an Air Force employee that failed to reveal the fact that she had been fired from another job in the last five years. Even if the appellant assumed that the question related solely to federal employment, the form clearly indicated discharges from "any job." Wolfbauer v. O.P.M., #2008-3173, 2008 U.S. App. Lexis 14706 (Unpub. Fed. Cir.).
     Arbitrator upholds discharge of an insubordinate worker, where management offered after-acquired evidence that the grievant had falsified his employment application to hide criminal conduct. Bi-State Development Agency and Amal. Transit Union L-788, FMCS Case No. 0830/59822-A, 125 LA (BNA) 54 (Daly, 2008).
     Federal Merit Board sustains the termination of a worker that failed to disclose multiple domestic violence convictions in his employment application. Christopher v. Dept. of the Army, Docket #AT-0752-07-0092-I-1, 2008 MSPB 2.
     Federal Merit Board overturns an arbitrator that upheld the termination of a FLETC instructor for falsifying her educational qualifications. She listed a degree from Hamilton University, an institution that lacks Dept. of Education approval and grants credit for "life experiences." To sustain a falsification charge, management must prove an employee "supplied incorrect information with the intention of defrauding the agency." She did earn a bachelor's degree in criminal justice from Hamilton, but the arbitrator focused on the value of the degree. FitzGerald v. Dept. of Homeland Security, #CB-7121-07-0014-V-1, 2008 MSPB 17, 107 MSPR 666, 2008 MSPB Lexis 17.
     Federal Merit Board votes 2-to-1 to reverse the termination of a federal air marshal that falsified his application by omitting a prescription drug he had taken. Asking an appellant to disclose the medications he is taking prior to extending a job offer violates 42 U.S. Code §12111(d) and 29 C.F.R. §1630.13(a). The majority relied on Downs v. Mass. Bay Transp. Auth., 8 AD Cases (BNA) 447, 13 F.Supp.2d 130 (D. Mass. 1998). The dissenting member wrote that the Supreme Court's decisions in LaChance v. Erickson, #96-1395, 522 U.S. 262 (1998) and Bryson v. United States, #35, 396 U.S. 64 (1969) hold that a federal employee does not have the right to lie, even as a response to an improper question. Evans v. Dept. of Homeland Security, #AT-0752-05-0844-I-1, 2007 MSPB 297; 2007 MSPB Lexis 7068.
     Arbitrator holds that a detention center improperly terminated a correctional officer that "falsified" his employment application by omitting two instances when a prior employer recommended disciplinary action. "From the time the grievant falsified his pre-employment application, a period of 44 months elapsed until he was terminated [and] the misrepresentations of the grievant on his pre-employment application were not material to the employer at the time of his termination." Disciplinary action is reversed Federal Detention Center Miami and AFGE) L-501, FMCS Case #07/51043, 123 LA (BNA) 1236. (J. Wolfson, 2007).
     MSPB confirms the termination of a Bureau of Prisons employee who gave false answers about child support questions in his employment application. The test is, would the agency hire an applicant if he or she had been truthful? Cameron v. Dept. of Justice, #DE-0752-04-0155-I-1, 2004 MSPB Lexis 3178 (Rptd. 2005).
     An employee cannot use the FMLA (or other civil rights laws) to claim retaliatory termination when he was properly fired for falsifying his job-application, and there was no evidence that the employer's rule punishing untruthful applications is applied more harshly to employees who make legal claims against the company than against other employees who falsify their applicant forms. Aubuchon v. Knauf, #03-1382, 359 F.3d 950, 2004 U.S. App. Lexis 4347, 9 WH Cases2d (BNA) 711 (7th Cir. 2004).
     GAO targets phony degrees held by federal workers. A Senate Committee asked the GAO to investigate the use of diploma mill degrees to obtain positions and promotions and whether those degrees were paid for with federal funds.
     Arbitrator sustains the firing of a worker who consciously omitted listing prior surgeries and disability claims in her pre-employment application. Birmingham Steel and U.S.W.A. L-9777, FMCS Case #00/08457, 116 LA (BNA) 61 (Doering, 2001).
     Arbitrator sustains the termination of a county employee who, in her job application, omitted the fact that she had resigned from a criminal justice job, while under suspension. Multnomah County and M.C. Employees L-88, AFSCME C-75, 115 LA (BNA) 1499 (Calhoun, 2001). [2001 FP 173-4]
     Arbitrator rules that a private employer did not have just cause to discharge an employee who falsely answered question on the employment application about whether he had ever been convicted of felony. He worked for over a year without incident and appears to be rehabilitated. Trailmobile and PACE, 112 LA (BNA) 1108 (G. Cohen, 1999).
     Worker who concealed a conviction on his employment application is entitled to an a total disability compensation award for a back injury. The concealment was unrelated to the claim. Falls Church Constr. v. Laider, #962627, 8 (24) Wrk.Cmp. (BNA) 607 (Va. 1997).
     Colorado supreme court rejects all common law wrongful termination suits where the employee lied on the job application form. Crawford Rehabilitation v. Weisman, 938 P.2d 540, 1997 Colo. Lexis 491. [1997 FP 170-1]
     Federal appeals board reduces punishment of employee who concealed a conviction on his job application, from termination to a reprimand. Perez v. U.S. Postal Service, 1997 MSPB Lexis 833, 75 MSPR 503. [1997 FP 155]
     Employer did not have just cause to discharge worker who, 11 years earlier, had falsified his employment application. His work had been satisfactory, and he admitted the falsification when confronted. Plymouth Tube and UAW L-1448, 108 LA (BNA) 1016 (Heekin, 1997).
     Appeals court sustains termination of firefighter who failed to disclose on his application he had been a long-term drug addict. Brennan v. Kaluczky, 641 N.Y.S.2d 176 (A.D. 1996). [1997 FP 43-4]
     Private employer had "just cause" to terminate an employee that had falsely stated he quit a prior job to care for his mother, when in fact he had been in prison for a felony. Amer. Comm. Vehicles and UPIU L-7785, 107 LA (BNA) 1 (Bittel, 1996).
     Federal court affirms an arbitration award reinstating an employee who gave a false name to conceal the fact he was an illegal alien at that time. Termination was without just cause in light of his nine years of faithful service and naturalization as a citizen. Great Atlantic and L-338 RW&DS Union, 1996 U.S.Dist. Lexis 5255 (S.D.N.Y.). [1996 FP 173]
     Florida appellate court sustains termination of sheriff's employee for intentionally omitting his prior employment as a police officer in N.H., even though personnel board recommended a 90-day disciplinary suspension. Philbrick v. Co. of Volusia, 668 So.2d 341 (Fla.App. 1996). {N/R)
     Fed. app. ct. affirms back pay and reinstatement awards of woman f/f that was terminated for concealing her prior foot surgery on her employment application. Jury found the omission was not a serious medical problem and that fire dept. discriminated against her because of her fall from a fire truck and a back injury. Thomlinson v. Omaha, 63 F.3d 786 (8th Cir. 1995).
     Employer had just cause to terminate an employee who, in his employment application, concealed a conviction, lied about his education and failed to disclose a term in prison. Trane Co. and Electronic Workers, 104 LA (BNA) 1121 (Johnson, 1995).
     Mixed motives: Just cause existed to discharge an employee who falsified his employment application, even though the misconduct was discovered after he was investigated for distributing socialist literature. Cone Mills v. AC&TWU, 103 LA (BNA) 745 (Byars 1994).
     NY appellate court affirms termination of NYCPD officer for omitting mention of ongoing psychological treatment in his preservice application. Gray v. Dept. of Personnel, 592 N.Y.S.2d 376 (A.D. 1993). [1994 FP 28]
     Federal appeals court allows an otherwise wrongfully terminated employee to collect double back wages up until the time an employer discovers misrepresentation in the employment application. Kristufek v. Hussman Foodservice Co., 985 F.2d 364 (7th Cir. 1993). [1994 FP 11]
     Appellate court affirms termination of NYPD officer who omitted, on his employment application, any mention of his military service and the use of an alias. Angelopoulos v. N. Y. Civil Serv. Cmsn., 574 N.Y.S.2d 44 (A.D. 1991). [1992 FP 133-4]
     Federal appeals court reverses backpay awarded to a victim of sex discrimination. Later discovered evidence of a falsified application voided her otherwise valid claim of wrongful termination. Milligan-Jensen v. Michigan Tech. Univ., 975 F.2d 302 (6th Cir. 1992); Cert. Dismissed, 114 S.Ct. 22 (1993). [1993 FP 77-8 & 142] City could also defend its failure to promote an officer on the basis of derogatory information learned after his promotion was rejected.
     Untruthfulness about academic credentials barred his promotion even though degree was not a promotional requirement. Gilty v. Vil. of Oak Park, 919 F.2d 1247 (7th Cir. 1990).
     Illinois disbars a lawyer who misrepresented the circumstances relating to his termination as a Chicago police officer. In re Thomas W. Jordan, 478 N.E.2d 316, 1985 Ill. Lexis 21.
     Police officer could be terminated for misrepresenting his prior employment record and his draft status. Purdy v. Cole, 317 So.2d 820, 1975 Fla. App. Lexis 13837.
     A conscious omission of medical information from one's employment application is "untruthfulness" and warrants termination of a police officer. Puckett v. City of San Francisco, 25 Cal.Rptr. 276 (App. 1962).

Subject matter of inquiry as a defense
     NLRB holds that an employer improperly questioned an employee about distributing fliers on coworker desks after-hours, protesting the layoff of some employees, and then unlawfully fired her for lying about her activities. Because the subject matter of the disciplinary interview was improper (concerted labor activities) the employer could not terminate her for untruthfulness. U.S.A.A. and Williams, #12-CA-21735, 2003 NLRB Lexis 666, 173 LRRM (BNA 1331, 340 NLRB No. 90 (NLRB 2003). [2004 FP Feb]

     See also: Disciplinary Offenses; Disciplinary Punishment.

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