Labor Dismisses Complaint for False Statements

The CNMI Department of Labor’s Administrative Hearing Office has dismissed another case filed by Zaji Zajradhara on the basis that his complaint was false on its face.

Mr. Zajradhara had filed a case against an employer alleging that he had applied for a position but had not been given an interview. He also alleged that he was qualified for the position. The problem, however, was that he had, in fact, been offered an interview, and he had also failed a practical skills test for the position.

The Hearing Office determined “Both from the verified motion [to dismiss the complaint] and the Complainant’s Response in Opposition it is without contradiction that the letter of Complaint is false.”

The Hearing Office also determined that the Complainant had made false statements in a resume connected with the application, with the Hearing Office writing “A prospective employer is within his rights to require references and an employment history from a job applicant. It is a time honored practice. A discovery of falsification of references or misstatement of employment justifies a lack of confidence in the applicant to the point of rejection.”

This blog entry merely summarizes an administrative decision of the Commonwealth Government. All cases are different. Success in one matter does not imply, and certainly does not guarantee, success in any other matter. We therefore urge all employers to consult with competent counsel, either in this office or elsewhere, when faced with real or potential employment or labor disputes.