Liar, Liar – You Want to be Hired?
“This blog is so boring that everybody reading it will hate it.”
Some statements, like the one above, make it clear on their face that they are a lie. In fact, some statements, again, like this one, are so obviously false (😊) that no reasonable person would believe them. But lies come in all shapes and sizes. They can range from an honest mistake to a white lie, to a full-on intentional whopper. And lies, whether misstating, mispresenting, or omitting facts, are often made worse not because of what the person has said (or not said), but because of whom the person has said it to. For employers and potential employers, a lie is a lie is a lie. And when an employee is caught, employers have powerful consequential tools they can utilize.
In this two-part series, we will examine the ways employees can be caught in a lie, and what employers can do to minimize the risks associated with a dishonest individual. Since there is no worse way to start a relationship than with a lie, Part 1 of this series will begin by looking at individuals who lie on their résumés, job applications and in their job interviews.
Common Résumé Lies
Lying on a job application or résumé is more common that one might think. Common résumé lies include employees:
misrepresenting their skills or level of proficiency;
stating they worked for a company they did not;
stating their past employment was for a different period of time for the purpose of trying to cover a period of unemployment;
listing an educational institution they attended and either falsely implying they graduated (rather than simply attended), or listing a degree they did not compete;
misnaming their past job roles and positions to make them appear more prestigious or misrepresenting their level of responsibility; and
including false information and achievements.[1]
In December 2022, CNBC reported survey results from StandOutCV which showed that over 55% of Americans admit to lying on their résumé at least once[2]. Human Resource representatives and hiring managers certainly expect some form of exaggeration from job candidates when it comes to their experience and skills. After all, the purpose of a job application and interview is for the candidate to sell themselves and impress upon a potential future employer that they are a better choice than the other candidate(s) being considered. And while not every dishonest job candidate is a George Santos[3], whose lies appear to be more widespread and grow faster than the fungus on the hit HBO show The Last of Us, there is a difference- and it’s not a fine line – between a reasonable embellishment of one’s achievements and falsifying them.
What Will Happen
At law, not every act of dishonesty is cause for a job candidate to be dismissed from consideration. So if the misstatement on a resume was an honest mistake, or there is a reasonable explanation or mitigating circumstance, job candidates may come clean or the issue may be relatively easy to resolve. Doing so doesn’t mean they didn’t lie, but it may give the potential employer more context for understanding when they are caught. On the other hand, if the individual knowingly engaged in the lie, they may think (wrongfully) that they won’t get caught or allow the lie to continue unchallenged. It’s important for hiring managers and HR representatives to consider what impression they’ve been left with and what consequences, if any, the potential employer is prepared to accept.
Earlier this month, the Kingston Health Sciences Centre (the “KHSC”) announced that it had launched an investigation after it terminated an employee for submitting false and fraudulent information on her job application. The employee, who had previously worked for the KHSC in a non-nursing role, was working as an RN from July 22, 2022 until January 27, 2023, primarily in the KHSC post-surgical unit,. The KHSC discovered the employee forged documentation representing her qualifications and credentials, including claiming she was an RN, during what it referred to as “a routine scheduled check” with the College of Nurses of Ontario that is completed for all KHSC nurses. The fraudulent documents included e-mails referring to the employee’s education and certifications, diplomas, degrees and college registration. Not only has the KHSC terminated her employment and contacted patients, but both the College of Nurses of Ontario and the police Criminal Investigations Unit are investigating.
Another example is support for the adage that the truth will always come out. In 2022, the CBC reported on the outcome of its investigation over Mary Ellen Turpel-Lafond’s claims regarding her Indigenous ancestry and various academic accomplishments.[4] Ms. Turpel-Lafond’s employment included work as a law professor, judge, and acting as BC’s first Representative for Children and Youth. And while her statement of having achieved a doctorate of juridical science from Harvard Law School appears to have been called into question by at least one potential employer in the mid-90s and her consideration for a judicial appointment ended as a result (as reported by CBC), this does not appear to have significantly hampered her subsequent employment and opportunities until recently. Earlier this year, Ms. Turpel-Lafond’s employment with UBC came to an end and McGill University, Carleton University and the University of Regina have all recently rescinded honorary degrees previously granted to her based, at least in part, on the CBC’s findings and the information that has come to light,
Common Consequences
When it comes to being a liar on a job application, an employee’s pants may not catch on fire, but they may very well suffer one or more of the following consequences:
1. Not getting a job offer: This may sound obvious, but if the candidate is discovered to be lying on a job application or in a job interview, they are likely not going to get the job. These days, pre-offer and pre-employment steps taken by employers go well beyond the simple reference check of yesteryear. Tools available to and utilized by many employers now include (i) extensive background checks to confirm a candidate’s education and employment history; (ii) Google, LinkedIn and other social media searches; and (iii) skill tests or writing samples. Large organizations and government entities with highly competitive job opportunities also frequently request certified transcripts from a candidate’s educational institution(s). These tools allow employers to separate truthful candidates from dishonest ones. They also make it more than likely that a dishonest candidate that is hired will not likely stay employed long term.
2. Lying on a resume may be fraud or a breach of contract: A lie on a résumé isn’t limited to the piece of paper it’s written or the hiring manager or HR representative it’s delivered to. Likewise, a verbal lie told during the recruitment and hiring process doesn’t end once the job interview does. Many employment agreements include language which calls for candidates to expressly represent and warrant that the information in their résumé, job application and, where appropriate, social media profiles such as LinkedIn, is accurate and complete. As a result, when the employment agreement is signed, and assuming that the now employee has not corrected their misrepresentation or false statement, even an honest mistake may be deemed to be intentional and the continued lie a breach of contract.
3. The job the candidate got as a result of their lie(s) may come to a swift end: The thing about lies is that they don’t stay a secret forever. It is likely that the truth will eventually come out whether it’s because the employee isn’t able to complete a task or project they said they had the skills to do, or because the employee “slips” and discloses the falsity themselves. So while the lie may have gotten the door opened, that same door will slam shut behind them once they are caught.
4. Reputational Damage: The funny thing about getting caught in a lie is that everything else the person has said is thrown into question. After all, when someone questions whether they actually know who you are, they’ll look to discover what else about you is false or hidden.
5. Loss of a professional license or certification: Professionals like lawyers, doctors, engineers and nurses have associations or organizations who provide oversight of their members and set out expectations and standards regarding conduct, ethics and the public perception of the professional designation. These licensing and oversight bodies can suspend or revoke the licenses and certifications of their members and evidence that a member lied about their qualifications and/or experience may just be enough for them to take these steps. Depending on the circumstances, some employers will have a duty to report such issues to the professional organization.
6. Criminal or Regulatory Charges: The unemployment line may not be the only place the candidate/employee finds themselves. Depending on the nature and the severity of the lie engaged in (including any forged or fraudulent documents), information discovered by the employer may result in a criminal investigation and charges. Employers should seek legal counsel about whether to share their findings with the police or other authorities, in addition to other employment-related remedies.
Employer Tips and Tricks
While honesty is the best policy, the following steps will help employers to minimize the risk of finding out too late that a job candidate has been dishonest:
1. Don’t start a relationship on a lie. If you catch the individual in a lie, stop the recruiting/hiring process unless and until you can satisfy yourself that the misrepresentation really was an honest mistake.
2. Consistently complete a robust screening program. Job offers should be conditional on the company receiving the satisfactory results from required background checks. Don’t just rely on an internet search of the candidate to turn up all of the information you need to know. Chances are that an individual who has falsified or misrepresented the information on their résumé has also done so in their LinkedIn profile. And don’t take background checks for granted. Instead, include language in the job offer which calls for the job candidate to consent to an extensive background check that includes verification of the individual’s education (including dates and diplomas or certificates achieved), employment (including titles, duties and responsibilities, and reference checks.
An important reminder to employers is that criminal records and credit checks ought only to be completed with the express prior and informed consent of the job candidate and only where the check is related to a bona fide job requirement.
3. Check and use references. Where possible, use the official phone number for any former employer published on a public website or resource to contact the reference in an effort to avoid candidates who provide false reference names or contact information. Also, consider contacting more than one person at the reference or past employer. Sure you can speak to the contact they have identified, but consider also speaking to another former co-worker to see what information and form of reference they might provide.
Recognizing that many employers limit the type of information that can or will be provided to a potential employer, consider asking the reference questions about the duties and responsibilities the candidate said they held. This may provide the employer the opportunity to verify skills and experience against the candidate’s representations.
4. Use a written employment agreement to help. As noted above, include appropriate language in the written job offer requiring the employee to represent the accuracy of the education, employment and skills information they provide in support of their job application. Job offers should also include, and clear consequences if the term is breached, up to and including termination of their employment.
5. Investigate concerns or signs of dishonesty and false information. Where the employee’s lie is caught after they are hired, conduct an appropriate investigation of your concerns. Like any other workplace investigation, this should begin with bringing your questions and concerns directly to the employee and providing them with a full opportunity to respond. Where appropriate, the employee can be placed on a paid leave of absence pending the outcome of the investigation. And, of course, once completed, act swiftly and appropriately on the findings, seeking legal counsel to assist.
So while the unfortunate truth is that job candidates do embellish and even outright lie on their applications, all is not lost. In the meantime, don’t jump to conclusions. Take the time to look for the forest through the trees so you can be confident in the decision the organization makes – one way or another. With that said, Part 1 has come to an end. Part 2 in the series will discuss employees that lie in the course of their employment. We’ll be back then with more useful recommendations employers can follow. And that’s no lie.
[1] https://www.businessnewsdaily.com/12003-employee-lies-on-resume.html
[2] https://www.cnbc.com/2022/12/20/most-common-resume-lies.html#:~:text=But%20many%20people%20aren't,26
[3]George Santos is the now infamous freshman Republican congressman elected in 2022. Mr. Santos is reported to have lied about his education, work experience, personal matters and relationships not only in his congressional bio, but also, as recently reported, to a Superior Court Judge in Seattle in 2017. Mr. Santos is now facing local, state, federal and international investigations, and a Democratic bill to have him expelled from the US House of Representatives.
[4] https://www.cbc.ca/newsinteractives/features/mary-ellen-turpel-lafond-indigenous-cree-claims
