Job: Untruthfully represented skills on resume, am I legally dismissible by company?
Is slighty pimping your resume a one-way ticket to the unemployment line? Clarifications
© Graphic by our site / Freepik Written by Charlotte Rousset, journalist for our site's Employment section, covering topics like social law, careers, and worker remuneration, Published on
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Got an unattended previous job on your CV? Maybe a bachelor's degree that's not a hundred percent accurate... You think, "A little embellishment on my resume won't hurt." After all, your boss hasn't picked up on it, yet! Until one day they decide to background check you and expose your deception. Do you then find yourself on the brink of losing your job, or even getting fired, for deceiving your employer during the job interview? But here's an interesting fact: The Labor Code doesn't have any guidelines for resume content.
To answer this question, let's look at the Civil Code instead. Because, as Anne Leleu-Eté, a labor law expert explains, "To be valid, both parties - employee and employer - must be completely informed and agree on the essential elements." So, if you've intentionally misled them (with lies, we mean), you're dealing with "fraud", or deliberate deception. But hold on tight - fraud isn't an automatic reason for termination. As Elodie Cohen-Morvan, another labor law expert puts it, "Your employer can only fire you if, and only if, your lie meets two conditions."
Two conditions to warrant termination
Condition number one: Your employer needs to prove you knowingly cheated to land the job. For instance, you claim to own a degree that you don't, or you deliberately inflate your work experience. As the lawyer notes, "We've seen cases where an employee claimed to have worked at a company for four years, when they had only done a five-month internship." Proving a fraudulent maneuver is not enough to dismiss you, though!
5 essential time management tips for a productive workday But even if you've lied, you'll still need a second condition: The deceitful element must have been an essential condition for your recruitment. Suppose a company calls for a specific engineering degree, but you failed to get it, yet put it on your resume. In this case, the need for qualifications is crystal clear, and your lie becomes a valid reason for terminating the contract. However, the company must also demonstrate a level of seriousness during the hiring process. As the lawyer explains, "If the employer demands a degree yet never checks it, or even asks for it, they'll find it difficult to later criticize your lies and dismiss you."
About this article * labor law * dismissal * resume
In the context of French labor law, when an employer seeks to dismiss an employee for misrepresentation of information on their resume, they must typically fulfill specific criteria for a valid reason for termination.
- Real and Significant Reason (Cause Réelle et Sérieuse): The employer must demonstrate that the employee's deception is a significant reason for dismissal that justifies terminating the employment contract. Misrepresenting qualifications or work experience on a resume can be considered a breach of trust and a serious issue if it has misled the employer.
- Proportionality and Reasonableness: The employer must ensure that the termination is reasonable and proportionate to the offense. The employer must consider whether less severe measures, such as a warning or disciplinary action, would be more appropriate before resorting to termination.
- In light of French labor law, intentionally misleading an employer about qualifications or work experience on a resume, also known as fraud, can lead to dismissal if it is a real and significant reason.
- The employer must demonstrate that the deception justifies terminating the employment contract, and the termination must be reasonable and proportionate to the offense.
- A company can dismiss an employee for misrepresenting essential qualifications or work experience on their resume, but the employer must have demonstrated a level of seriousness during the hiring process by reviewing or checking the presented documents.
