Is it illegal to lie/omit on a resume/job application?
Posted by
brian in
Resume Writing HELP on
Dec 22nd, 2009 |
5 responses
Can an employer/company/employee take legal action against someone who lied or omitted information on either their resume or job application?
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They absolutely can…it’s usually stated right about where you sign your name on an application. Or, if you got hired with a resume, it’s stated in the paperwork you sign before you begin employment. And generally, it’s says “knowingly” used false information.
I don’t know why they’d bother with legal action. They’d just not hire you or fire you upon finding out.
Also, just so you know: A resume is an outline of your qualifications for a specific position, thus you only mention experience that’s relevant (omitting the irrelevant) to the position you’re applying for.
The employer can fire such a person, and spread the word, but it is generally not a crime. I suppose someone could stretch it to obtaining money by false pretenses, but if the person actually did the work, that should not fly. Some applications, such as for federal employment, are sworn. Lying can be perjury. Most are not sworn.
It’s good to “omit” rather than lie. This way you are not lying and nothing can be brought up on you.
While it is probably not a criminal violation to lie on an application or resume in most states, it can be the basis for civil litigation. Criminal is when you report something to the police / state attorney and the person who did the act may be arrested. Civil is a violation that causes a lawsuit.
As an employment attorney I have never seen an employer actually sue the employee for lying on their resume/application. But what the employer can do is usually worse. Right now in this poor economy employers are anxious to cut costs, and what easier way to cut costs than to fire people. The same goes for the employer who purchases another company, the rush is on to cut costs. So many employers are not going through applications/resumes with a fine tooth comb.
Many employees, even the long term employees who have done good work are being fired on the spot for lies on their application. Because most applications also have a disclaimer that the employee must sign which says it is true under penalty of law, some employers are taking this one step further and not only firing the employee but taking their pension. And as if this was not bad enough, many of these same employers fight against the lying employee receiving unemployment benefits. In Illinois we have had numerous employees denied any unemployment benefit because they lied on their job application.