If an employee lied about their criminal record, then I imagine they could be fired for it without any problems. It might depend on the nature of the crime, though. If a character is fired, they can't get unemployment to my knowledge.
The only thing I'd question with all of this is that it's pretty easy to get around identity theft in general. Most banks offer protection against it, so that someone affected by it would only need to pay a small deductible if anything at all. I've had credit cards stolen twice and in both cases, the issuing bank contacted me and it was resolved without my owing a cent.
It would be really hard to track down an identity thief. Both times it happened to me, the person who was claiming to be me and using my cards were overseas. That's how the bank identified it in one case; I used my card to purchase a coffee in Atlanta and less than a half hour later, someone used it to purchase clothing in Mexico.
1) Yes, an employer can fire an employee with a criminal record if they lied about having a criminal record on their application. No, the employee could not sue, especially if having a criminal background violated terms of the job (such as a sexual offender working with children, or someone who had been committed of fraud or money laundering or theft wouldn't be able to work as say a cashier).
I guess technically after the employee proved his identity was stolen they could sue for wrongful termination, but I don't think they'd win.
I wouldn't think so, if only because the employer a) had no reason to think the criminal record wasn't valid and b) would have been in real deep trouble if it was actually valid, they ignored it, and a kid got molested/money disappeared/etc. The employer didn't act wrongly; they had to go by the info at hand.
What's possibly more likely is that once everything's straightened out the character approaches their former boss or other sympathetic superior with whatever documentation will show they've been cleared, and hopefully be offered either their job back or help finding a position elsewhere. The character will want to get that worked out to use that employer as a reference, if nothing else.
IMHO, you're coming at this from the wrong angle. I take it that you do not yourself own a house, have a mortgage, or have a full-time professional job
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In the past, when I worked for a major corporation, a guy got fired about two months after being hired because they finally bothered to do his background check and found a felony on his record. Many places will fire you or not hire you in the first place for a felony.
I suppose it's possible that the guy could lose his job, then his house to this, but it seems a little hokey to be honest with you. I say that because that major corporation I worked for handled mortgage accounts, and it can take a long time to lose your house. Many mortgage companies use foreclosure as an absolute last resort because the company loses a lot of money on a foreclosure. Most companies do not want things to progress that far; they'd rather work with you and keep getting something. It really depends on the company. For the most part, foreclosures do not happen in only a few weeks or some short time period like that
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The only thing I'd question with all of this is that it's pretty easy to get around identity theft in general. Most banks offer protection against it, so that someone affected by it would only need to pay a small deductible if anything at all. I've had credit cards stolen twice and in both cases, the issuing bank contacted me and it was resolved without my owing a cent.
It would be really hard to track down an identity thief. Both times it happened to me, the person who was claiming to be me and using my cards were overseas. That's how the bank identified it in one case; I used my card to purchase a coffee in Atlanta and less than a half hour later, someone used it to purchase clothing in Mexico.
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I guess technically after the employee proved his identity was stolen they could sue for wrongful termination, but I don't think they'd win.
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What's possibly more likely is that once everything's straightened out the character approaches their former boss or other sympathetic superior with whatever documentation will show they've been cleared, and hopefully be offered either their job back or help finding a position elsewhere. The character will want to get that worked out to use that employer as a reference, if nothing else.
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I suppose it's possible that the guy could lose his job, then his house to this, but it seems a little hokey to be honest with you. I say that because that major corporation I worked for handled mortgage accounts, and it can take a long time to lose your house. Many mortgage companies use foreclosure as an absolute last resort because the company loses a lot of money on a foreclosure. Most companies do not want things to progress that far; they'd rather work with you and keep getting something. It really depends on the company. For the most part, foreclosures do not happen in only a few weeks or some short time period like that ( ... )
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