Lying on a Resume or Job Application
Many of us have given in to the temptation of lying on our resume in order to score a dream job – or any job when times are bad enough. Perhaps you are thinking about lying on your resume because you are desperate for a career change.
Whatever the reason, telling lies can have bad consequences, and that’s why many people have concerns about what can happen if you lie on a resume or job application. That’s why our attorneys are sometimes contacted by people with the following questions:
- Can I get fired for lying on my job application or resume?
- Do I have any protections against firings and other employment actions if I lied about something when I applied for the job?
The short answer is, yes, there are negative consequences that are associated with telling lies when one is filing out a job app or submitting a resume. And yes, termination from one’s employment may be one of these consequences. However, it’s possible that your rights against illegal treatment, such as discrimination and harassment, may have been involved when you were fired by your employer. If so, you may have the right to file a wrongful termination claim against your employer.
Employment laws can be difficult to understand, but rest assured that our legal team is here to help you, 24 hours a day, 7 days a week. Don’t hesitate to reach out if you would like to discuss any of the information presented in this article.
Most Common Lies on Resumes and Job Applications
Honesty is the golden rule when you are applying for a job, but we know that many people tweak the truth here and there in order to stand out among the hundreds of applicants all vying for the same position. Lies that are included on job applications, CVs, and resumes include:
- Education, such as lying about a degree, saying they went to a certain school, or making up awards and commendations
- Employment history, particularly the dates of employment if one has a significant gap from one job to another
- Prior experience, like claiming they had specific responsibilities at a former job, thereby appearing more qualified for the position they are applying to.
- Lying about certain job skills and certifications that are required for a job / career they are attempting to break into.
Many people get away with lying – at least for a while – but this is a dangerous game to play, as you could end up being fired for not being honest on your application.
Being Terminated for Lies on a Resume
If it’s found out by your employer that you lied about certain facts on your application or resume, they reserve the right to terminate you from the position. For instance, let’s say you lied and said you had a master’s degree, which was required for the position, when you actually quit the master’s program after one year. Essentially, you are not qualified to perform the job based on the job description, so your employer would have a right to fire you solely on this basis.
Your Right to Sue for Losing Your Job
In all honesty, it’s extremely difficult to go ahead with a wrongful termination claim in the event you are fired for lying on a resume or job app. However, it’s not impossible to seek remedy under the law, because at the end of the day, your employer would have to prove that the skill, experience, etc., that you lied about is significantly relevant to your job duties. So, this does leave some room for employees to argue that the lie was not important enough to merit a dismissal.
Discrimination and Other Unlawful Grounds for Termination
Employers must also be careful to avoid any hint of discriminatory or retaliatory behavior when they choose to fire an employee. For example, maybe the employee has compelling evidence indicating that they were bullied, micromanaged, given the worst shift, etc. because they were of a certain race, gender, political party, religion, etc. These are examples of protected categories, and U.S. employers are prohibited from terminating an employee based on these characteristics.
Wrongful termination lawsuits involve complicated legal procedures, which you should not attempt on your own. We suggest that you find a California employment lawyer right away, who can advise you of our rights and legal options.
The After-Acquired Evidence Theory
We previously mentioned how the materiality of the lie plays a big part in the employer’s right to fire a worker that lied during the hiring process. Let’s explore this subject a bit further with a concept known as the “after-acquired evidence” theory.
In order for the termination to be legal, an employer must show that had the applicant been completely honest on their application / resume, they would not have been hired for the job. So, if the job ad says you need to have specific IT certifications, clearly, that is an essential skill that’s needed to perform the job competently. So, it’s plausible for the employer to say that had they known the truth, i.e., you did not have this certification, they would never have hired you in the first place.
Seek Legal Assistance from an Employment Attorney
It’s easy to assume that you don’t have any rights if you are fired because it was discovered that you lied on your job application or resume. But this is not necessarily true, which is why it’s important to talk about what happened with a California labor law attorney.
By reaching out to us, you can take advantage of a private consultation, 100% free of charge. If you have the option of filing a wrongful termination lawsuit and want us to represent you, we are happy to offer the Zero Fee Guarantee. You pay $0 out of pocket, and we wait until the recovery of your settlement to claim any legal fees. That way, we can guarantee you won’t be responsible for any legal fees unless we win your case.
Please contact us at our office, day and night, to schedule a meeting with one of our attorneys.
