Legal Question in Employment Law in Florida

I really need someone's help.

I sued a company for age discrimination. After three years after I have been fired, during the depositions, the defendant's attorney found out about some discrepancies in my application for employment. The application was for IT Manager for which I was not hired but the defendant hired me as System Analyst for which I did not provide an application, I did not have an interview, I did not ask them to hire me for it, but they hired me for System Analyst. At the same time during the depositions four more employees were found that their applications contained discrepancies in their past employment while one of them was hired without even an application. After we found these discrepancies in my application and in other four employees, the defendant claimed that he would have fired me when they discovered that I lied in my application, during the discoveries, without taking any measures against the other four current employees who lied in their applications, too. Now, the Defendant wants to use in court my application for the job I applied for as IT Manager and for which I was not hired, to the job I was hired as Systems Analyst claiming that I lied in it. On the back of application for employment with this company it is written that if an employee is not hired for the position he/she applied for in 30 days the application will be destroyed and then he/she must apply again. My application for IT Manager for which I was not hired must have been destroyed and not used for any other jobs, but the Employer/defendant wants to use it in court against me.

Is there any way that I can make the defendant not to use this application in court against me?

Please, I need your help.

Thanks

Greg


Asked on 5/01/10, 11:42 pm

1 Answer from Attorneys

Jane-Robin Wender Wender Law, P.A.

You obviously have an attorney and should consult with him/her. However, they can use the application regardless of what is says on the back to attack your credibility.

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Answered on 5/07/10, 6:48 pm


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