Wednesday, May 9, 2012


A.B. 39,840-53, reported in yesterday's post, is cited by the DOL for the position that a "deliberate falsification of an application for employment constitutes misconduct within the meaning of the Unemployment Insurance Law if there is present injury or prejudice to the employer's interest".

Note that the present injury or prejudice found in that matter was, in my view, extremely speculative and did not appear to be a "present" injury or prejudice: "The prejudice resulting to the employer from this concealment was that it would be subjected to an additional burden under the Second Injury provisions of the Workmen's Compensation Law in the event of a future claim by the claimant."

There are many reported decision illustrating when the false job application clearly created a "present injury or prejudice to the employer's interest."

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