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.