Lying on a Job Application in Illinois

Generally, a job application is considered to be a legal document. An applicant signs the application at the end of the document. The application often includes a statement in which the applicant certifies that all of the information is true and accurate. So, lying on a job application means that the person who prepared it has engaged in misrepresentation.

While a resume may not technically be a legal document, including false information on it is probably a bad idea. An individual’s resume represents them as a person and as a potential employee, so they might want to represent themselves as honest and forthright. A conversation with an Illinois lawyer may help clarify for a person why communicating significant information that is inaccurate on their resume would not be advisable.

Hiring professionals recognize that people present information about themselves and their employment history selectively on their resumes. They want to create as positive an impression as possible in order to land a job. People may leave out information that does not contribute to creating the best possible impression. Still, lying on a resume can cause its author problems.

For example, if an individual is asked to complete a job application that contains a statement certifying the information in the application as true, they should feel compelled to complete it with true and accurate information. If the information on their application were to be different than that on their resume, it could be awkward at best. Lying on a job application might mean that the individual does not get the job for which they have applied.

Or if they get the job, they might be fired later when the fact that they supplied inaccurate information on the application comes to light. There could be other consequences as well, discussed at length below.

Is It Legal for My Employer To Fire Me for Lying on a Job Application or Resume in Illinois?

Illinois is an at-will employment state. This means that an employer may fire an employee at any time and for any reason, including lying on their job application or resume. There are some important exceptions to at-will employment, but they do not involve lying on a job application or resume. An Illinois lawyer consultation would help a person understand the implications of the fact that most employment is at will.

If an individual’s employment is terminated for any of the following reasons, it might amount to wrongful termination:

• The firing violates the employee’s employment contract.
• The firing is retaliation for the employee’s exercise of their rights.
• The firing was motivated by a protected characteristic of the employee, such as race, religion, gender, sexual orientation, wage, age, or disability.
• The firing was motivated by the employee’s involvement in such protected activities as filing a claim for workers’ compensation, reporting illegal conduct on the part of the employer, whistleblowing or cooperating with a criminal investigation.

Thus, again, an employer may fire an employee for lying on their job application. An employer may fire an employee because their company needs to cut its expenses or has found the employee’s performance to be deficient. An employer can fire an employee for any reason except those noted above.

Are There Other Consequences for Lying on a Job Application in Illinois?

An individual may not be hired if a misrepresentation on their job application is discovered before they are hired. If they are hired, they can be fired if any inaccurate information is discovered after they start working.

If a person is fired for lying on a job application or resume, it can have longer term implications. The fact that an individual was hired and then fired for lying on their job application or resume may become known to other prospective employers and cause them not to hire the individual. Lying on a job application can damage a person’s professional reputation.

Career advisors report that some misrepresentations may be viewed as more serious than others. Failing to include gaps in one’s employment history should not result in serious consequences. But other lies may qualify as fraud of the type that can lead to serious consequences. For example, the following inaccuracies may be more serious:

• Providing a false Social Security number (SSN),
• Lying about one’s criminal history,
• Misrepresenting one’s military experience and record,
• Misrepresenting one’s eligibility for employment in the U.S. (I-9 eligibility),
• Misrepresenting one’s security clearance status,
• Claiming to have professional licenses or certifications that one does not have.

Some employment contracts restrict an employer’s right to terminate an employee. The contract may specify the reasons for which the employee can be fired. An employment contract might be implied from the circumstances of a person’s employment. Even an implied contract may limit the employer in firing an employee.

Generally, however, material misrepresentations or omissions on a job application give an employer good cause to terminate a person’s employment, even if they have a contract.

More serious consequences can involve criminal charges or civil lawsuits. Employers may rely on representations of someone’s employment history, professional licenses, or work experience in hiring them. If an employer were to suffer financial harm because they relied on representations that turned out to be false, they could sue the person for damages for negligent or intentional misrepresentation.

A person who makes false representations with the intent to deceive potential employers may face a lawsuit for fraudulent inducement of employment. They could also face possible criminal charges for fraudulent misrepresentation. The criminal consequences of a fraud conviction could include serving time in jail or prison, payment of a fine and having a permanent criminal record.

The legality of using a fake SSN to land a job is not entirely clear. Immigration courts apply the rule that an undocumented worker cannot be deported for the sole reason that they used a false SSN to get a job.

The rationale is that the worker gains no specific Social Security benefit from the act, so it does not violate federal law. In fact, the worker contributes to the Social Security system from their wages, but is not able to claim any Social Security benefit.

The U.S. Supreme Court has ruled that an undocumented worker who has used a false SSN only to get a job cannot be prosecuted and deported for violating a federal identity theft law. However, other uses of a fake SSN in connection with employment and for other purposes could comprise serious state or federal criminal offenses. Using a fake SSN is clearly not advisable.

Is an Inconsistency the Same as a Lie?

Inconsistency is probably not the same as a lie. To be inconsistent simply means not to espouse the same position regarding some topic all the time. A person who is inconsistent may espouse one position on a topic one day and another the next. But the common understanding of inconsistency does not include any intent to deceive.

On the other hand, a “lie” is defined as “an untrue statement made with intent to deceive.” Someone may be inconsistent without making statements that are untrue. They may also be inconsistent without intending to deceive anyone. A person may be inconsistent because they themselves are confused.

What Should I Do if I Have Been Wrongfully Terminated From My Position in Illinois?

If you believe that your employment has been wrongfully terminated, you want to talk to an Illinois employment law attorney. Your attorney can review all of the terms and conditions of your employment situation. Your attorney can give you an opinion as to whether or not the termination can be considered wrongful. If it is, your lawyer can guide you through the legal system to seek the compensation that you deserve for the wrong that may have been done to you.