New York, NY asked in Contracts, Business Law, Constitutional Law and Government Contracts for New York

Q: DOES AN APPLICATION HAVE LEGAL STANDING IF THERE ARE HIDDEN OR NO TERMS AND AGREEMENTS?

IF AN APPLICATION ON ITS FACE DOES NOT PROVIDE TERMS AND AGREEMENTS FOR THE APPLICANT, CAN THE ISSUER OF THE APPLICATION IMPOSE ANY LEGAL SUITS REGARDING THE APPLICATION?

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Employment applications are invitations to be considered for employment. They are not contracts nor do they guarantee that someone will be considered for a job. Many require certifications that accurate, complete, and truthful information is being provided under penalties of perjury.

Job applicants sometimes don't consider that hiding information from an application can be disastrous down the line. A discriminated employee with an incomplete or untruthful application might not recover employment discrimination damages. A second chance is often denied to an applicant who was not truthful on their application. The deceitful applicant makes her or himself a priority for termination if the employer needs to reduce its workforce and is looking for employees who probably gave up the few protections they may have had.

Most employment laws do not protect "at will" employees with "unclean hands".

Few employers sue their own employees for employment application misrepresentation. But terminating employees who were not completely honest on them is usually a no-brainer.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I am not an employment law attorney. Mr. Urba's excellent response addresses your question in an employment law context. You also chose categories outside employment, including contract and business law. Under GENERAL contract law theory, where contracts are silent as to certain provisions and ambiguity is created, that can sometimes be a grey area. Rather than having a quick universal standard to apply, courts may look at the context of the entire situation in interpreting an ambiguity or lack of certainty against one side or the other. Good luck

Tim Akpinar

V. Jonas Urba agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.