![]() ![]() Many white lies will not rise to the level of fraud. If employment is being sought from a state or federal employer, it is likely a crime to lie on an application because it is often a crime to lie to a federal or state government agent.Īnother possibility is that the applicant can be charged with a criminal fraud offense. For example, lying about military service to receive a benefit can be prosecuted under the Stolen Valor Act. However, there are certain circumstances that could lead to criminal responsibility. If they commit an ethical mistake, their license may be suspended or revoked.Ĭriminal ChargesThe likelihood of someone being charged with a crime for lying on a job application is slim. Loss of Professional LicenseMany professions have a board that oversees the administration of licenses to current individuals in the profession, including lawyers, nurses and doctors. This often requires the employer to prove that the lies on the application were directly linked to the employment position and would have been sufficient for it not to have hired the applicant. The employer’s position is that it would not have hired the applicant in the first place if he or she had been honest on the application. This means that employers can use the evidence that they learned about a former employee in defense of any legal claim. This legal concept is known as the “after-acquired evidence” rule. Another possibility is that the employee’s level of damages can be reduced. Loss of Legal Claims Another potential drawback to lying on an application is that a person can lose his or her right to sue the employer if there are any legal claims against the employer, such as termination based on racial discrimination. The applicant must either report the truth about the firing on the next application or risk the same result by omitting it. Getting fired because an applicant lied on an application can create a perpetual cycle. Likewise, the employer can terminate the employment relationship at any time and for any reason, unless the reason is illegal. This means that the employee can leave his or her job at his or her own will. The vast majority of states have at-will employment laws. Even if the application itself does not have this disclaimer, many employers may still assert their rights to terminate the now-employee for such lies or omissions. It goes on to state that if the applicant lies about the information on the application or attached documents that such lies are grounds for termination. Grounds for TerminationOn many applications, there is a disclaimer that the foregoing information is necessary to assess a person’s qualifications for the job. In a legal analysis, the question typically is whether the lie was “material” or not, meaning of whether it had the potential to influence decisions. Some applicants have even claimed college degrees or work experience that they did not possess. Certain skills may be overinflated as related to the individual’s actual ability. Dates may be misconstrued so that no apparent gaps in employment emerge. They can range from the slight and ridiculous to extreme. Types of LiesThere are many lies that people may tell on their applications or resumes. Lying on an application or resume opens the applicant up to several serious consequences. Doing so, however, can come with a significant risk. When seeking employment, it may be tempting for a job applicant to embellish their experiences and qualifications in order to make themselves more appealing to potential employers.
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