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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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We are a staffing company, we come across various profiles/resumes

Customer Question

We are a staffing company, we come across various profiles/resumes which look very attractive, and at times pass our screening process and make it to the client. Client interviews these candidates and later finds out that the actual candidate did not give the phone interview and they blame us for providing incorrect candidate for the job.

The question is, what legal actions can we as company take against such fake resume/profile and candidates who show 7-10 years experience on paper and do not even possess basic knowledge of the subject matter? Where can we report them legally?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, there is no criminal penalty for such misrepresentations. The only remedy would be through the civil justic system--specifically, a cause of action for damages arising from fraud and/or misrepresentation. However, in order to prevail on such a claim you must be able to demonstrate actual and foreseeable damage.

If these inaccurate resumes are not causing you to incur a quantifiable harm of some kind (and I don't see how they could if you aren't hiring these people and are simply weeding them out through interviews), then I don't see how a claim is possible.

Even if quantifiable harm were not necessary, you would be lacking sufficient evidence to bring a claim if you charged misrepresentation or fraud based merely on your "feeling" they lacked basic knowledge during an interview. That, in itself, is not proof of fraud To the contrary, that is the very purpose of an interview--to weed out the people you don't think are qualified for the job.

In short, while your situation is certainly frustrating and I emphasize with you, there is simply no legal remedy worth pursuing unless the individual was actually HIRED on the basis of provably false claims on his or her remedy and their hiring resulted in quantifiable damage of some kind.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Expert:  Patrick, Esq. replied 1 year ago.
Dinesh,

There is a typo in my last sentence. It should read:

"In short, while your situation is certainly frustrating and I emphasize with you, there is simply no legal remedy worth pursuing unless the individual was actually HIRED on the basis of provably false claims and their hiring resulted in quantifiable damage of some kind."

I believe this should address your question. Did you require any clarification? If so, I am happy to provide it.

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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.