Question
Mr. Salty intended to obtain a job with a mold remediation contracting company. He wanted to organize the workers and thought the job would be
Mr. Salty intended to obtain a job with a mold remediation contracting company. He wanted to organize the workers and thought the job would be a good way to establish relationships with the other workers.
On his job application, Mr. Salty stated that his most recent employer laid him off. The truth was that he had taken a of leave of absence from that employer so he could participate in the union's organizing efforts. This representation was the only thing on the application about which Mr. Salty lied. Ultimately, the employer hired him, based on his skills and qualifications.
A couple of weeks later, the employer learned that Mr. Salty was attempting to get workers to
organize and was, in fact, a salt. Simultaneously, the employer learned that Mr. Salty had lied on the employment application about being laid off from his prior employer. It happens to be illegal in the state to intentionally give false information or mislead an employer with the intent to obtain employment. Then, the employer terminated Mr. Salty's employment, and told him the reason for the firing was the fact he lied on his employment application.
Was the employer justified in terminating Mr. Salty or did the termination violate Mr. Salty's rights? Assume you are Mr. Salty's attorney. What argument(s) would you make (a) that the employer violated the law by terminating him. You must support your argument by applying the relevant law(s) to the facts of the case.
Now, assume you are the employer's attorney. What argument(s) would you make (a) that the employer was justified in terminated him. You must support your argument by applying the relevant law(s) to the facts of the case.
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