The law almost always, without a doubt, sides with employers if an employee
lies on a resume or a job application.
Employment is considered a legal and binding contract between the company and the
individual, based on the premise that the employee has the education and/or
experience to perform the job duties as expected.
It is not difficult for employers to find out that an applicant or current
employee has lied—it may be apparent at the onset of the job. However,
these disputes may come down to misinterpreting the facts.
The Legal Repercussions of Lying
Employers have the right to terminate any employee whom they have discovered
lied on their job application or resume. Employers can bring the case
before the courts. The process, as with any form of litigation, can be
long and tedious for both sides.
These are the two main elements of this type of case:
- Employers must first demonstrate to the court that the employee falsely
represented him or herself and used that as leverage to land the job.
The employee may have either overinflated his or her experience and capabilities
to perform the job or falsified the information completely.
- The employee must also demonstrate that they would not have moved forward
with the hiring decision had they known about the employee’s capabilities
and fitness for the position.
At any point in time, employers must continue handling the situation as
lawfully as possible. Wrongful termination cases arise when employers
begin swinging their weight around and fire employees based on personal
issues and even based on discrimination. That being said, they may have
also misread or misinterpreted your resume and unfairly terminated you
because of their oversight.
If you believe your termination from your position was unlawful, we urge you to
contact our Hollister employment lawyer at
Marder Employment Law as soon as possible. We can offer legal guidance about your case and inform
you of your legal rights. Attorney Bill Marder is a seasoned lawyer who
understands both federal and state laws concerning employment matters.
Contact us today and request a
free case review.