Generally, in most states, a resume is not a legal document. Most potential employers understand that an applicant prepares a resume on their own to present themselves as favorably as possible.
However, including information that is false on one’s resume is probably not a good idea. If a potential employer were to identify the falsehoods, they may well not offer the resume’s author a job. If an employer discovers the false information after the individual has been hired, they might terminate their employment.
On the other hand, 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 correct. Signing an application that includes such a statement would essentially mean that lying on a job application makes the applicant someone who has engaged in misrepresentation.
That said, Massachusetts law prohibits employers from requiring a lie detector test as a condition of getting hired or continuing in one’s job. Massachusetts law also states that all job applications for employment in the state must contain the following statement. It must be clearly printed so as to be readable:
- “It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.”
Employers must be careful, because the law defines the term “lie detector” to mean any test that uses a polygraph or any other “device, mechanism, instrument or written examination” for testing or screening for dishonesty.
They must be sure that their hiring practices do not employ any kind of testing or screening methods that could be viewed as a lie detector test. The employer should not use these devices or methods with the goal of detecting deception or forming an opinion about the honesty of an applicant or employee. This language would seem to make it quite difficult for an employer to detect misrepresentation on applications and/or resumes.
Clearly, an employer is not allowed to require a job applicant or an employee to take a lie detector test, but they do still have the legal right to not hire an applicant who is found to have misrepresented facts on their resume or job application. They have a legal right to fire an employee who has misrepresented facts on their resume or job application. However, they must be careful in how they detect any dishonesty.
Any individual who is “aggrieved” by a violation of the prohibition of lie detector tests is authorized to launch a civil action against the employer within 3 years of the violation. They may do this on their own behalf and on behalf of other people who have been the victims of a violation. If a violation is found, the employer may be ordered to pay a fine of $500 per violation and may be subject to other penalties as well.
An employer might wish to have a Massachusetts lawyer consultation in order to review their job applications, hiring practices and employee evaluation practices. They want to make sure they do not use any techniques for assessing honesty that violate Massachusetts law.
A conversation with a Massachusetts lawyer would help clarify for a job seeker or employee why communicating significant information that is not accurate on a job application or a resume would not be advisable. Hiring professionals recognize that people may want to present themselves and their employment history selectively on their resumes. They want to make a good impression in order to get a job; however, lying on a resume can cause problems.
If a prospective employer confirms that a person’s job application contains inaccurate information, they are likely to pass on the applicant. An employee may find their employment terminated if their dishonesty is discovered after they have been hired.
Is It Legal for My Employer to Fire Me for Lying on a Job Application or Resume in Massachusetts?
In Massachusetts, an employer may fire an employee because they lied on a job application or resume. Massachusetts law allows an employer to fire an employee for any reason except those that are explicitly disallowed as follows:
- The employee engaged in whistleblowing.
- The employee complained to a government agency or other authority about workplace issues, e.g., discrimination.
- The employee refused to do something illegal when their employer asked them to do so.
- The employee took leave as allowed by the federal Family and Medical Leave Act.
- The employee was forced to resign because of discrimination in the workplace.
- The employee was fired after applying for workers’ compensation.
- The employee filed a complaint alleging discrimination with a Massachusetts state or federal agency, e.g., the Equal Employment Opportunities Commission (EEOC).
These are the reasons that cannot be used to justify the firing of an employee. Lying on a resume or job application is not one of them. It is true that Massachusetts law does not allow employers to detect lying through the use of lie detector technology or other methods of screening for dishonesty.
However, the law does not say that if the employer detects an employee’s dishonesty through some method of screening for that purpose, the firing of the employee for dishonesty would constitute wrongful termination.
Whether an employee’s firing for lying on a job application or resume is legal or not in Massachusetts may depend on how the employer detected the misrepresentation. If the employer used some prohibited technology or method, the fired employee might be able to claim that their firing amounted to wrongful termination.
What Are Other Consequences for Lying on a Job Application in Massachusetts?
If an employer discovers a misrepresentation on a person’s job application before they are hired, the employer may well not offer them a job. If the employer hires the person before learning of their misrepresentation, the person can be fired when the misrepresentation is discovered.
If a person is fired for lying on their job application or resume, other prospective employers might gain knowledge of this fact. It might cause them not to employ the person. A person’s professional reputation could be harmed by lying on a job application or a resume.
Human resource professionals tell us that some misrepresentations may be seen as more serious than others. For example, the following misrepresentation may be viewed as the ones that are more serious:
- Using a false Social Security number (SSN) on a job application or other documents,
- Misrepresenting one’s criminal history,
- Misrepresenting one’s military service record,
- Claiming to have an immigration status that allows one to work in the U.S. (I-9 eligibility) when they do not have it,
- Claiming to have a security clearance status that one does not have,
- 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 reasons that would justify the employer in firing an employee.
Generally, however, material misrepresentations or omissions on a job application would be a valid reason to fire an employee, even if they have an employment 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 economic losses because they relied on an employee’s representations that turned out to be false, they could sue the employee for damages for fraudulent 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 criminal fraud. The criminal punishment for a fraud conviction could include incarceration in jail or prison, or payment of a fine. A person convicted of criminal fraud would have a permanent criminal record.
The legality of using a fake SSN to land a job is not entirely clear. The law applied in federal immigration courts is that an undocumented worker cannot be deported only because they used a false SSN to get a job.
The rationale is that the worker does not gain any Social Security benefit from using a false SSN, so doing so does not violate federal law. In fact, the worker pays Social Security withholdings from their paychecks, but is not able to claim any Social Security benefit when they reach retirement or become disabled.
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, as this does not violate 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?
The dictionary definition of “inconsistency” means the state of being inconsistent. A person who is “inconsistent” does not act in the same way from one day to the next, but rather may say one thing on one occasion and something different on another. While a person who is inconsistent might not make a good impression, they are usually not thought to have done something that is morally or ethically reprehensible.
That may be because the act of lying is usually motivated by an intent to deceive another person. Inconsistency may involve carelessness or confusion on the part of a person who is inconsistent, but it is not the equivalent of intentional deceit. Lying is thought to involve intentionally trying to mislead someone on the part of the person who tells a lie.
What Should I Do if I Have Been Wrongfully Terminated From My Position in Massachusetts?
If you have been refused a job or fired because of inaccurate information on your job application or resume, you want to talk to a Massachusetts employment law attorney. Your lawyer can look at the facts of your case and determine whether your lack of accuracy was discovered through some kind of process that is not allowed by Massachusetts law.
If you are an employer, you may want to have a Massachusetts employment law attorney review your hiring and performance evaluation processes to make sure they comply with Massachusetts law. You want to make sure you are not using prohibited lie detector technology or other methods that are not allowed. A review of your practices can provide assurance that your business is in full compliance with Massachusetts law.
