Can You Be Fired for Lying on Your Job Application?

Some job applicants decide to lie on their application, on their resume, or in answers to interview questions in hopes that these lies or exaggerations will help them land the job. However, employing one of these tactics can cause an individual his or her job.

Types of Lies

The lies that applicants tell may range from minor white lies to extreme falsehoods. One common type of lie is to cover up employment gaps by fudging dates so that the potential employee will not need to explain periods of unemployment. Applicants may also exaggerate their job titles to something more prominent, embellish their job responsibilities and work-related achievements, falsify academic credentials, or create fictitious employers.

Termination of Employment

Employers often include a disclaimer that falsely reporting information on a job application or resume can result in termination. Even without such a disclaimer, many employers may choose to terminate an employee if they discover that the employee lied on the application. Many states have at-will employment laws that permit employers to terminate employment for any reason at their will unless it is an illegal reason.

Even in states that do not have at-will employment laws, that have more unions or in situations in which the employer has a contract with the employee, the employer may have grounds to terminate the employee once the employer discovers the lie. This is true even when the employee has worked for the company for years and even if the employee had all glowing employment reviews. An employee is particularly at risk if he or she lied about something that was material to the position or a prerequisite for employment, such as not having a criminal record, or claiming to have a college degree, or license when the individual does not.

Background Checks

With the advent of a variety of technological tools and the relatively inexpensive process of checking a person’s background, many employers choose to run background checks on employees. Often employees sign consent forms that authorize employers to make these checks. Additionally, many employers report that they check applicants’ and employees’ social media profiles. Through these basic strategies, employers may very easily find when applicants lie on their application or resume.

Additionally, some employers may continue to conduct background checks on existing employees. This may be to check if employees have been arrested for any criminal activity that they did not report. It may also result as part of a policy or in response to a poor job review.

Legal Action against the Employee

In some cases, lying on a job application or in a resume may provide your employer with legal grounds against the employee. If the employee’s incompetence or lies caused the employer damages or caused it to be liable to another party, the employer may have a legal cause of action against the employee.

Legal Action against the Employer

If an employer had violated an employee’s legal rights, it may not be liable if the employee lied on the job application and acquired the position through these falsehoods. For example, if the employer discriminated against the employee because of his or her race, normally the employee may have a Title VII action against the employer. However, if the employer can show that the employer would not have hired the employee if it had been aware of the truth, the court may bar such a claim because the employee should never have been in the position.

This legal concept is called “after-acquired evidence.” Some types of evidence that could support this legal theory is if the employee lied about failing to disclose former positions from which he or she was terminated, failing to report a felony conviction, lying about a college degree the employee did not have, making false statements about experience, professional licenses or experience or not listing former employers. However, this evidence is only relevant if the employer shows that the employee would have been fired or not hired in the first place if it had been aware of this after-acquired information.

Other Consequences

In addition to losing their current employment or an otherwise valid claim against their employers, individuals who lied on their job application may suffer other consequences. For example, they may experience difficulty getting another job, especially if they worked at the previous employer’s company for a substantial period of time and cannot use the employer as a good reference. Even if the employee lists the previous employment, a new employer may be unwilling to hire someone who has proven to be dishonest. Some jobs require a particular license, and proving good moral character may be a prerequisite of acquiring such a license.