24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Can I be charged for lying about credentials to get a job?

 

Can I be Charged for Lying About Credentials to Get a Job?

Getting a good job can be tough these days. With so much competition, it’s tempting to maybe stretch the truth a little on your resume to make yourself seem more qualified. But is that illegal? Can you actually get in trouble for lying to get a job?

The short answer is yes, you can potentially face civil or criminal charges for misrepresenting your background, education, skills, or experience to a potential employer. Here’s a breakdown of the legal issues and potential penalties you could face.

Civil Lawsuits

If a company later discovers you lied on your resume or job application, they may have grounds to sue you civilly for things like:

  • Fraud
  • Negligent misrepresentation
  • Breach of contract

For example, in a 2016 case, an employer sued a product manager after finding out she lied about having an MBA. The company argued they never would have hired her without that credential. The court agreed and ordered the former employee to pay nearly $25,000 in damages.

Most states allow civil lawsuits against employees who lied their way into a job. The company could seek repayment for the salary you earned, training costs, and other expenses related to your employment. These cases often settle out of court, with the employee agreeing to pay back some amount of money.

Criminal Charges

In more egregious cases of resume fraud, employees may face criminal charges like:

  • Forgery
  • Falsifying business records
  • Fraud
  • Larceny

This typically requires proving you knowingly and intentionally lied on your resume with intent to defraud the employer and gain something valuable (the job and salary).

For example, in a 2010 case, a university department chair was sentenced to one year in prison for fabricating multiple degrees to get his job. He pled guilty to federal charges of mail fraud and false statements.

State laws vary, but penalties for employment-related crimes can include fines up to $10,000-$25,000 and years in prison in some cases. However, charges are rare and usually only brought in more high-profile or systemic cases.

What Kinds of Lies Can Get You in Trouble?

You’re most likely to face consequences for lying about:

  • Education – falsely claiming a degree, field of study, academic honors, attendance at a certain university, etc.
  • Professional credentials – lying about licenses, certifications, specialized training programs, etc.
  • Work history – overstating your title/role, experience, skills, tenure at previous jobs, reasons for leaving roles, etc.

Basically, lies that help you misrepresent your knowledge, qualifications, competence or background to get a job you’re not actually qualified for.

What are the Defenses Against Charges?

Those facing charges for lying to get a job may argue:

  • The lies were only minor inaccuracies or exaggerations
  • The employer didn’t suffer true damages from the deception
  • The job could still have been performed despite the lies
  • The court lacks jurisdiction over the case

These defenses argue the lies didn’t meet the legal standards for fraud because they didn’t cause real harm. But much depends on the evidence and specific circumstances.

What are the Pros & Cons of Pursuing Legal Action?

Potential pros for employers taking legal action include:

  • Recovering financial damages like salary paid
  • Deterring future resume fraud
  • Reaffirming the importance of honesty

Potential cons employers should consider:

  • Costly litigation with no guarantee of winning
  • Potential PR backlash over targeting former employees
  • Risk of revealing their own hiring & vetting failures

Companies should weigh these factors carefully before filing suit.

Tips to Avoid Legal Trouble

While lying on a resume is unethical, here are some alternative tips for getting your dream job:

  • Research jobs requiring credentials similar to yours
  • Highlight transferable skills from past roles
  • Consider earning certifications to enhance your resume properly
  • Work with a career coach to present yourself well
  • Apply broadly to increase chances without embellishing

With persistence and an authentic resume, you can eventually land a great fit without lies or legal risks.

The Takeaway

Resume fraud is risky business. While charges are rare, you open yourself up to potential civil lawsuits or even criminal prosecution by outright lying to a potential employer. Tell the truth, highlight your best assets, and keep trying until you find the right role the honest way.

 

Reference 1

Reference 2

Schedule Your Consultation Now