In general, a job application is commonly considered to be a legal document, whereas a resume is not considered to be a legal document. A job application is typically considered to be a legal document as the application is utilized by the Human Resources department (“HR”) to verify an individual’s eligibility for employment.
In order for an individual to become employed at a job, the employer must first verify their eligibility for employment. Within a job application, a prospective employee will provide information that is not included in their resume, including their:
- Birth date;
- Social Security Number;
- Driver’s license number;
- Information regarding the prospective employee’s social media accounts;
- A description of their criminal history; and/or
- Verification of military experience, if applicable.
Also included in a job application form is an Employment Eligibility Verification Form I-9. The I-9 is a form used to verify the identity and employment authorization of individuals hired for employment in the United States, and is required for all United States employers for every individual they hire for employment.
Because of the confidential information contained in a job application, and the use of the application as a verification of employment eligibility, it is considered a legal document.
On the other hand, a resume is a document that provides an overview of a prospective employee’s professional qualifications, including their relevant work experience, skills, educational background, and accomplishments. Because a resume is simply a brief summary of an individual’s qualifications and background, and it is not typically considered to be a legal document.
Is It Legal for My Employer to Fire Me for Lying on a Job Application or Resume?
In short, yes, it is legal for an employer to fire you for lying on a job application or resume. As far as whether or not there will be any legal protections for being fired, that will depend on whether or not you are considered to be an “at-will” employee or a contracted employee.
However, if you lie on an application or resume, that will typically constitute good cause for an employer to terminate the working relationship regardless of whether you are at-will or contracted.
When an employee is filling out an application, there will typically be a statement at the end of the application that the employee will sign or verify that all the information they have provided on the application is true and correct. As such, if a person is found to have lied on their application or resume, it will be considered a breach of that statement.
As mentioned above, whether or not there will be any legal consequences for the employee or employer for lying on a job application or resume will depend on whether the employee is considered an at-will employee or a contracted employee.
As far as an at-will employment situation, an at-will employee may quit or be terminated for any reason, so long as the reason is not illegal. This means that an employer can terminate an at-will employee without having to provide good cause for the termination.
Importantly, at-will employees can still not be fired for an illegal reason, such as being terminated based on discrimination. However, an at-will employee that is found out to have lied on an application or resume can immediately be terminated from their job with no recourse for the employee.
An at-will employment arrangement differs from an employment arrangement in which an employment contract exists, as an employment contract provides additional rights and legal protections to both employers and employees.
With regard to a contracted employee lying on their initial job application, there may be provisions within their employment contract that provide for damages for the employer or termination procedures based on such actions.
Unlike an at-will employment relationship, an employment contract provides the right to specify termination procedures for the employment relationship. This includes requiring that an employer demonstrate just cause before they are allowed to terminate an employee. An employer that wrongfully terminates an employee, such as without having just cause, may also face legal consequences.
However, if an employee lies on an application or resume, that will typically constitute good cause for terminating that employee. This is because misrepresenting yourself is a kind of fraud. Misrepresentation on a job application or resume will almost always be considered a good reason for terminating an employee.
Further, lying on your resume or application may also be considered fraud, and if the employer suffered damages due to the lie, then you may be civilly sued for fraud. Additionally, lying may also result in criminal penalties for lying on their job application.
Are There Any Other Consequences for Lying on a Job Application or Resume?
As mentioned above, an employer uses job applications as a means of verifying an employee’s eligibility to work in the United States. As such, if an employee has lied on their job application and I-9 form, they will face serious consequences.
According to the United States Citizenship and Immigration Services (“USCIS”), employers who violate the law may be subject to civil fines and/or criminal penalties for hiring the employee. Additionally, the person who lied on their I-9 form may be imprisoned for up to five years for their false statements on the I-9 form, criminally fined, or a combination of both.
For example, if an employee used fraudulent identification when completing their job application and I-9 form or if they used documents that were lawfully issued to another person, then they could be criminally convicted for such actions.
In addition to criminal consequences, there are also various other consequences for an individual that is found falsifying an application for employment. Examples of common consequences for lying on a job application or resume outside of civil and criminal liability, include:
- Future Bad Reference: One major consequence of lying on a job application or resume, and being terminated as a result, is that a person’s prior employer may give them a bad reference when that employee is attempting to get a new job.
- It is important to note that there are rules and consequences as far as what an employer may say when referring to a past employer’s prospective employer; or
- Damage to Professional Network: In some cases, being terminated from a job due to a lie may also result in damage to the employee’s professional network.
- Quitting a job on a bad foot may often result in the employee losing out on professional connections associated with their past job, especially if their industry is a relatively small industry or community.
Is an Inconsistency the Same as a Lie?
In short, no an inconsistency on a job application or resume is not the same as a lie. An inconsistency on a job application is not necessarily the same as a lie. This is because an inconsistency may arise from an oversight, misunderstanding, or unintentional error. In contrast, a lie is a deliberate misrepresentation of facts.
This means that when a person lies on a job application or resume, they are intentionally trying to deceive the other party, whereas an inconsistency may have been a mistake without the intention of deceiving the other party.
It is important to always be honest when filling out a job application or resume, as misleading employers can result in numerous future consequences. It is also important to note that an employer may still use an inconsistency as good cause for terminating an employer-employee relationship.
What Should I Do If I Have Been Wrongfully Terminated From My Position?
If you believe that you have been wrongfully terminated from your position, it may be best to consult an experienced employment law attorney. An experienced employment law attorney can help you understand your state’s specific termination laws and your legal rights and options under those laws.
Additionally, if you believe you lost your job due to discrimination or other illegal acts by your employer, you may be entitled to civil damages. An experienced attorney can help you initiate a civil lawsuit against your former employer in such a case. Finally, an employment lawyer can also represent you in court, as needed.
