The Perils of Deception in the Job Application Process

Ensuring honesty is crucial when applying for new opportunities.

Applicants may feel tempted to enhance their chance of securing employment by exaggerating their qualifications or falsifying information. This short-term tactic, however, carries significant long-term risks.

The Fate of Deceptive Employees – Termination Awaits

One of the most immediate consequences for deceptive practices is termination. If an employer uncovers such dishonesty, the implicated party faces immediate dismissal. This not only tarnishes one’s professional reputation but can also hamper future job prospects with the stigma of termination.

There’s a darker side to this issue. Should an employer act unlawfully toward an employee who then decides to sue, their case can be weakened if the employer uses the initial deception as a defense. Known as the “after-acquired evidence” theory, it allows employers to potentially limit their liability or damages on the basis that the employee’s dishonesty during the hiring process justifies their decisions.

This defense can apply to various deceptions, including:

  • Omitting previous employment history from a resume
  • Hiding past terminations for dishonest acts, such as fraudulently reporting hours worked
  • Not disclosing past felony convictions
  • Misrepresenting educational background and work experience
  • Inventing academic qualifications in an interview

Furthermore, any dishonest actions committed by the employee after hiring, like falsifying company records or mishandling confidential information, can also be used against them in legal proceedings.

It’s not an absolute dead-end if you’ve misrepresented yourself; the employer must show a direct link between the deceit and your job performance or responsibilities. Essentially, the employer would need conclusive proof that your employment would not have occurred had they known the truth, which is not always straightforward to demonstrate.

While the content provided here aims to inform, it should not be considered a substitute for direct legal counsel. As legal landscapes evolve, Merrick Law Firm LLC emphasizes the importance of consulting an attorney for personalized advice tailored to the specifics of your situation. For legal support, do not hesitate to reach out to Merrick Law Firm LLC at (312) 269-0200.

Leveling the Playing Field for Employees

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