False Social Security Number Sinks California Worker’s Failure-to-Hire Case

An employee who uses false documentation to secure employment with an employer has no recourse for an allegedly wrongful failure to hire, the California Court of Appeal has ruled. Salas v. Sierra Chemical Co., No. C064627 (Cal. Ct. App. Aug. 9, 2011). In addition, the “after-acquired-evidence” doctrine (where, after an allegedly discriminatory termination or refusal to hire, the employer discovers employee or applicant wrongdoing that would have resulted in the challenged termination or refusal to hire regardless of any discrimination) provides a complete defense to the employee’s claims the employer discriminated against him due to an on-the-job injury, refused to accommodate his disability, and denied him employment as punishment for filing a claim for workers’ compensation benefits. His claims also will be barred by the doctrine of unclean hands if his misrepresentation jeopardizes the employer.