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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11360
Experience:  Licensed Texas General Practice Attorney
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is it illegal to provide false information on a job application

Resolved Question:

is it illegal to provide false information on a job application? for instance someone stated that they have graduated high school and provides a forged diploma to prove it. the job they are applying for, and got, requires a GED or high school diploma (the job is in day care services in texas). is this a state or federal offense? is there such a thing as a state felony in this matter? if so what federal/state codes did they break?
Submitted: 3 years ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Ultimately it depends on who you talk to, but at a stretch it could be criminal fraud (knowingly lying to obtain financial gain), but more likely than not it's not under that. Texas Penal Code 32.52 makes it a crime to claim to have a post secondary degree that you do not have (i.e. a college degree) with the intent to obtain employment. The specificity indicates that it is not illegal, at least in Texas, to claim to have a secondary degree that you do not have.

ScottyMacEsq :

Note, however, that if you have landed a job by lying on your resume, background check, or in your interview, you may be end up being fired. This is especially true when your lie had something to do with a relevant portion of your job. For example, if, on your resume, you falsely list that you received a college degree in a field related to the job, you will probably get fired if your employer ever discovers the falsehood. In addition to losing your current job, you may find it more difficult to find future employment because you have a termination for cause on your employment record.




In addition to the possibility of losing your job, if you obtained your job by lying on a resume, you may not be able to sue your employer, even if your employer has violated your legal rights. Say, for example, that you were dismissed from your job in an illegal manner, or passed up for a promotion because of racial discrimination; you may not be able to recover against your employer if your employer can show that they would have not hired you in the first place if you had been honest on your resume or application. In general, courts have found that employees that lied in order to get a position cannot later sue their employer claiming that they were wronged.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer :

i know on all applications it states "is the information provided true to the best of your knowledge..." and then you sign underneath staing that it is. this is to protect the employer. my question is if the STATE requires a position to have certain requirements, and an employer knowingly hires someone that does not meet these requirements. that applicant is breaking the law are they not? here is the situation i am trying to figure out......my ex-wife has a fake H.S. diploma and has used it to gain employment in day care, which the state requires a H.S. diploma or GED to do. the owner of the facility is the one that forged her diploma years ago for her and hired her a couple months ago. they both knew it was false and that the position she was being hired for required it, and yet she got the job. i have been told that knowingly falsifying info for gain is illegal, as you have stated,but are there no criminal charges that should be filed on both of them?

ScottyMacEsq :

In this instance, the owner who forged the document is liable for another crime (forgery of an academic certification) as well as knowingly not complying with the law. Now if the state requires the employer to hire high school grads, and the employer knowingly doesn't, then the employer has committed a crime there. Now if the state specifically requires the individuals to be high school grads, then the individual has committed the crime. Here, they're both in on it, so there is at least some vicarious liability.

ScottyMacEsq :

Now that being said, it's another question as to whether the state or the local DA is going to prosecute it. Prosecutors enjoy "prosecutorial discretion", which means that they get to pick which cases they bring. Even though there might be a violation of the law, their caseload might be so full of murderers and rapists that they choose not to prosecute this crime.

ScottyMacEsq :

...essentially viewing it as a "victimless" crime.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11360
Experience: Licensed Texas General Practice Attorney
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