Generally, yes, job applications are usually considered to be legal documents in Georgia. Resumes, however, are typically not considered to be legal documents.
Typically, a job application is considered to be a legal document because it is used by the Human Resources (HR) department to verify an individual’s eligibility for employment. In order for someone to gain employment, their employer has to verify their employment eligibility.
When an applicant completes an application, the potential employee provides information that was not included in their resume, such as their:
- Birth date
- Social Security Number
- Driver’s license number
- Information regarding the applicant’s social media accounts
- A description of their criminal history
- Verification of military experience, if applicable
In addition to these items, a job application will also include an Employment Eligibility Verification Form I-9. This form verifies the identity and employment authorization for individuals who are hired to work in the United States. Every U.S. employer is required to have this form for every individual hired for employment.
Due to the confidential information that is contained in job applications as well as the use of applications to verify employment eligibility, it is considered to be a legal document. A resume, in contrast, is a document that provides an overview of an applicant’s qualifications, such as their educational background, work experience, skills, and accomplishments.
Because the resume is only a brief summary of an applicant’s qualifications and background, it is not usually considered to be a legal document.
Is It Legal for My Employer To Fire Me for Lying on a Job Application or Resume in Georgia?
Yes, it is legal for a Georgia employer to fire an applicant for lying on a job application or resume. Whether or not any legal protections for being terminated are provided to an individual depends on whether they are an at-will employee or a contract worker.
If, however, an individual did lie on their application or resume, it usually constitutes good cause for an employer to terminate their working relationship, regardless of whether they are at-will employees or contract workers.
When an applicant completes their application, there is usually a statement at the end of the documents where the applicant signs, verifying that all of the information they provided was true and correct. This means, if the applicant lied on their application or resume, it is considered a breach of that statement.
If the employment situation is at-will, that employee can quit or be terminated for any reason, so long as that reason is not illegal. This means Georgia employers are allowed to terminate at-will employees without having to provide good cause for their termination.
It is important to be aware that at-will employees cannot be fired for illegal reasons, including termination based on discrimination. However, at-will employment applicants or employees who lied on their application or resume may be terminated immediately without recourse for the terminated party because lying on an application or resume may be considered fraudulent misrepresentation.
At-will employment can also be different from employment arrangements that include employment contracts. This is because employment contracts may provide additional rights and legal protections to employees and employers.
If an employee lied on their initial job application, there can be provisions in the employment contract that provides for monetary damages for the employer. It can also include provisions regarding how termination proceeds based on the conduct.
In contrast to at-will employment relationships, employment contracts provide the right to outline termination procedures for the employment relationship, including requiring the employer to show just cause before terminating the employee. If the employer does not follow the contract, they may face a claim for wrongful termination.
As previously noted, lying on a resume or application may be considered fraud. If an employer suffers damages because of the lie, the applicant or employee can face a civil lawsuit for fraud. In addition, lying can also result in criminal penalties in some situations.
Whether an individual is an employee or an employer, Georgia lawyers can help their client understand the consequences of lying on job applications and resumes in Georgia.
Other Consequences for Lying on a Job Application in Georgia
As previously discussed, employers use job applications to verify an applicant’s eligibility to work in the U.S. This means, if an employee lied on their application or I-9 form, they can face serious consequences.
The United States Citizenship and Immigration Services (USCIS) provides that employers who violate the law can be subject to criminal penalties or civil fines for hiring the employee. In addition, the individual who lied on their I-9 form can face prison time of up to five years, criminal fines, or both.
In addition to criminal consequences, they may face other consequences for falsifying an employment application in Georgia. Some examples of common consequences for lying on a resume or job application, other than civil and criminal liability, include:
- Future Bad Reference: If a worker is terminated for lying on their application or resume, their former employer may provide them a bad reference when they try to get another job.
- There are rules regarding what former employers are allowed to say when referring to employees when potential employers ask for references.
- Damage to Professional Network: Termination from employment can also result in damage to the employee’s professional network.
Quitting a job can also result in an employee losing professional connections that were associated with their past job, especially if the industry is relatively small.
If an individual has any questions about the consequences for lying on a job application in Georgia, whether they are an employee or employer, it is important to schedule a Georgia lawyer consultation.
Is an Inconsistency the Same as a Lie?
An inconsistency is not considered the same as a lie on a job application or resume. This is because inconsistencies can be oversights, misunderstandings, or unintentional errors.
A lie, in contrast, is a deliberate misrepresentation of the facts. In other words, when someone lies on their job application or resume, they are intentionally attempting to deceive the other party.
An applicant should always be honest when completing a job application or resume. It is important to be aware that employers can use an inconsistency as good cause for terminating a worker.
What Should I Do if I Have Been Wrongfully Terminated From My Position in Georgia?
If you have lost your job due to an issue with your application or resume in Georgia, you may be concerned about the costs of finding a lawyer when you are out of a job. LegalMatch offers free lawyer matching services, allowing you to find a Georgia employment law attorney in your area who can help you resolve your Georgia employment issue.
Your attorney can explain the specific termination laws in Georgia as well as your legal rights and options. If you think you lost your job because of discrimination or other illegal conduct on the part of your employer, you may be able to receive civil damages or even be returned to your former job.
Many LegalMatch lawyers will also offer potential clients free initial meetings, meaning you can find a licensed and prescreened lawyer as well as meet with multiple lawyers, all for free, so get started as soon as you can.
