Lying on a Job Application or Resume

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Most Common Employment Law Issues:

Is it Legal for My Employer to Fire Me for Lying on a Job Application or Resume?

An employer has every right to fire an employee for lying on a job application or resume. The employer has hired the employee as well as entered into a contract with the employee based on information provided in the employee's application or resume. If some of these facts happen not to be true then the employee has misrepresented himself to employer and the contract can be considered invalid.

Are There Any Other Consequences to Lying on a Job Application or Resume?

Not only can an employee be terminated immediately upon finding false information in an application or resume, but the employee can also be treated unlawfully by the employer and not be able to hold the employer liable. In other words, if an employer wrongfully terminates an employee because of the employee's religion or some other non-work related personal factor, the employee may not be able to hold the employer liable if the employee got the job in the first place by lying on a job application or resume. An employer cannot successfully use this defense in every circumstance.

If an employee lied on a job application or resume, the employer must prove in court that the false information provided was a contributing factor in the employee getting the job. In other words, the employer must show that the employee lied about some aspect that would illustrate his capability for performing the required job tasks, and that the employer would have not hired or at least fired the employee had it found out earlier.

What Should I Do if I Feel I Have Been Wrongfully Terminated from My Job?

If you feel you have been illegally fired by your employer, even if you have fibbed on one or two aspects of your resume or job application, you may want to consult an employment law attorney. Your attorney will be able to advise you of your rights and estimate how any misrepresentations of fact on your resume or job application could affect your case and your potential to be compensated in a lawsuit against your employer.

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Last Modified: 10-03-2014 02:13 PM PDT

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