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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.
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
The Alaska Supreme
Court ruled that the state Police Standards Council reasonably decided
that a police officer was not of good moral character when he admitted
that he lied and was evasive during an investigation into alleged misconduct
that included abuse of alcohol and making sexually offensive remarks to
two female officers. This was the basis for revoking the officer's police
certificate. Alaska
Police Standards Council v. Parcell, #S-15364, 2015 Alas. Lexis 40.
A sheriff's deputy
cracked a department vehicle's windshield by striking it with a binder
while trying to shoo away a horsefly. He initially reported that the cracked
windshield was the result of it being struck by a rock, but he later admitted
his responsibility after another deputy reported the truth. He was fired
after an investigation for untruthfulness. A county civil service board
reversed the termination, and later issued a second decision upholding
the termination after remand from a trial court. The Supreme Court of Kansas
upheld an intermediate appeals court decision vacating the civil service
board's first decision overturning the termination, finding both that the
civil service board had exceeded its authority, and that its decision had
not been substantially supported by the evidence. Denning v. Johnson County
Sheriff's Civil Serv. Bd., #104318, 2014 Kan. Lexis 421.
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.