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Employer hiring situation... Arkansas

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  • Employer hiring situation... Arkansas

    My dad has gotten in a strange situation. First off, where I work at, he was trying to apply for the job. He doesn't have a high school diploma/GED that the company needs. I understand that that was the reason why they didn't hire him. Okay, no big deal. Soon, I found out that some of the other employees didn't have a "legal" HSD/GED. They had fake GEDs. The company's application specifically states that it is required for employment; but what about the people with the fake GED's? If they are not being checked, does that mean that it's okay for my dad to just buy a fake GED so that the company will hire him? Everyone here supposedly got their background checked, too. Mainly, these few questions below is what I want to know.

    1. Could these folks with fake GEDs get fired if the situation were to be brought up?
    2. If there was a layoff and they have more seniority, could this be used against them so that someone else could be prevented from getting laid off?
    3. Could the employers get into some kind of law suit for this type of situation?

  • #2
    Buy a fake GED? What if the prospective employer decides to start verifying with him? Moral and ethical decision, not a legal one.

    But to answer your questions as posed:

    1. They could, doesn't mean they will.
    2. Seniority is only an issue if the employees are covered by a union contract that provides for seniority being a factor in lay-offs. Other than that, the employer need not consider seniority is deciding whom to lay off.
    3. No.

    Any reason he can't get a GED now? I don't know how old he is, but if 70- and 80-year olds can be taught to read for the first time at that age, no reason he can't get a GED now.
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    • #3
      I see. My dad doesn't have a GED because he's not from the USA and only has education from his country and this company only accepts USA HDS/GED (of course). And um, yeah, they have fake GED. It's messed up. I wish that there was something that could be done about a few of these folks because it's irritating having to work with an employee who can't read and always needs a translation. I know that there's also not much that could be done, but I was just wondering, that's all. Thank you very much.

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      • #4
        The employees in question can't read at all or can't read English? They don't have to get a GED to learn another language enough to read standard job instructions; if that is the issue, they could take an ESL class.
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        • #5
          Oops! I meant they can't read English at all. I know that one doesn't need a GED to learn another language. Oh ... the can't read english part is more of a personal side, sorry. I'm putting two subjects as one, my mistake.

          Back with it! The application clearly states that it is required for hire. It just seems strange how one could just buy fake ones and get hired (there's many time when something like this happens). I don't know. I might be a bit irritated because my diploma was checked and those other folks weren't.

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          • #6
            I don't disagree with you that if an employer says X is required, and X can be independently verified, the employer should do so for all applicants. There just isn't any law that is going to force the employer to do so.

            Again, there's no reason he can't get his GED now. In this job market, anything he can do to improve his chances of getting hired, he should do. There are SO many applicants for every job these days, one has to do what one can do to make themselves more marketable.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              I could easily make the case that the employer HAD TO accept equivalent education from another country if I wanted to make the effort.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                I am not disagreeing with you. Not my area of expertise. But this is the first I have heard that the employer HAD to accept anything. I would be interested in finding out which law is involved.

                Thank you.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Title VII, of course. The employer will only accept a US education? Not cool. National discrimination origin up the ying-yang.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    It's also possible that the employer added the education requirements after the current employees without dimplomas were hired. Employers are free to change their minimum requirements for hire, and many do, either as job requirements change, or as the job market changes. Employers can afford to be a lot pickier when unemployment is high.

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                    • #11
                      Originally posted by cbg View Post
                      Title VII, of course. The employer will only accept a US education? Not cool. National discrimination origin up the ying-yang.
                      How does one verify that a foreign education actually exists? Or determine just how a
                      different country's education related to the corresponding U.S. equivalent? Do other countries even have GEDs?

                      For example, I had someone with a claimed accounting degree. We could not find (on the Internet) any university in that country with the name given that offered accounting degrees. The piece of paper offered (besides being in a language we could not read) looked like a piece of paper, no stamps, or anything I would expect to see on a U.S. diploma. And accounting is very different between countries. Even if I could speak the language, I could not pass an accounting test in another country because the rules are so different from the U.S.

                      Would the world's expert in say Japanese labor law automatically be considered to be fully qualified for a job requiring U.S. labor law expertise, being Title VII says so?

                      I am not saying that Title VII is not an issue, but being a doctor in another country does not give one the right to practice medicine in the U.S. Even if one files a Title VII claim. I suspect that maybe Title VII is one issue, but not the only issue.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        No, I doubt it's the only issue. But I wouldn't want to be the employer trying to defend the position that not only does the employee have to have a high school education/GED, but it has to be from the US. We'd be getting into the whole Griggs v. Duke Power thing again with adverse impact.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                        • #13
                          Originally posted by CarynG View Post
                          It's also possible that the employer added the education requirements after the current employees without diplomas were hired.
                          I honestly wished that that was the case. These few employees have been hired for only three years. I've asked HR how long ago did they decided to have HSD/GED requirement. The answer I was given was "About five years ago, maybe longer." I'm no expert at labor laws or even know much about it at all. But these questions that I'm asking, I'm learning from it and I appreciate every bit of answers for everyone! ^_^ It's just strange how a state law works and doesn't work.

                          Comment

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