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Don't Embellish or Lie During the Application Process
Lying on an application may help you get the job, but could cost you later.
Many applicants try to increase their chances of landing a job by embellishing -- or downright lying about -- their experience or credentials. Although this may help them get the job, it is a risky strategy for a number of reasons.
Employees Who Lied Can Be Fired
Most obviously, if your employer ever finds out that you lied, you might get fired for it. This is especially likely if you lied about something relevant to the job, such as falsely claiming to have a college degree or a required license. And you might have a more difficult time landing a new job with the black mark of a termination on your record.
Employees Who Lied Can't Sue Their Employers
There is another serious consequence: If your employer violates your legal rights and you decide to sue, you might lose your case -- or receive much less compensation for your damages than you otherwise would have -- because of your falsehoods. If the employer can show that it wouldn't have hired you had it known of your lies, you probably won't even get a chance to present your claims. Courts have generally found that employees who lied to get a job cannot later come to court and claim the employer did them wrong.
This legal defense tactic is called the "after-acquired evidence" theory. Conduct by an employee that has been held sufficiently serious to be considered after-acquired evidence includes:
- failing to list a previous employer on a résumé
- failing to admit being terminated for cheating on timecards
- failing to reveal a prior conviction for a felony
- lying about education and experience on a job application, and
- fabricating a college degree during an interview.
In addition to lying on an application, things you do after being hired and while working for an employer can also be considered after-acquired evidence -- for example, falsifying company records or removing and copying the company's confidential financial statements. In this situation, you may still be able to bring your claims in court, but the employer will argue that your damages -- for example, for lost wages following a termination -- should be cut off as of the date when you committed wrongdoing, because the employer had legitimate reason to fire you from that point forward.
If you did lie on your job application or résumé, you may not be completely out of luck. Your employer can only use the after-acquired evidence defense if the employer can show that you would have been fired -- or not hired in the first place -- if he or she had known the truth. To prove this, the employer will have to show that your falsehoods were related to the job and constituted grounds for termination.
FAQs
- Must an employer verify the employment status of current workers?
- Are there laws that govern hiring workers under eighteen years of age?
- May an employer use a lie detector to find out if a job applicant or an employee is honest?
- Can employers set basic job requirements and work standards?
- May an employer run a background check on an applicant?
Employees' Rights Resources
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