Is It Illegal to Lie on a Resume? Legal Risks Explained
Lying on a resume can lead to legal, professional, and contractual consequences depending on the context and severity of the misrepresentation.
Lying on a resume might seem like a shortcut to landing a job, but it can carry consequences beyond losing an offer. In some cases, the fallout extends into legal territory, particularly when false information leads to financial or reputational harm for employers.
Understanding the difference between exaggeration and illegality is crucial. While not every falsehood results in criminal charges or lawsuits, certain misrepresentations trigger significant legal risks depending on the context and industry.
Criminal Fraud Considerations
Significant lies on a resume could potentially cross into criminal fraud under specific circumstances, although simply embellishing experience is unlikely to attract charges. Criminal fraud typically involves knowingly misrepresenting a crucial fact with the intent to deceive, leading another party to rely on that falsehood to their detriment, often causing financial loss. While a resume itself isn’t usually a legal document like a signed application, submitting one with deliberate, major falsehoods could contribute to a fraud claim if other conditions are met.
For a resume lie to potentially constitute criminal fraud, the falsehood generally needs to be “material”—important enough to influence the hiring decision. Fabricating degrees, certifications, or essential work experience could qualify. Prosecutors must also establish intent: that the applicant knowingly provided false information specifically to deceive the employer into offering the job. Evidence might include creating false documents or a pattern of deception.
The employer’s reliance on the false information is another factor. If an employer hires someone based on fabricated qualifications, that reliance could be established. Demonstrating harm sufficient for criminal charges can be complex. However, if an unqualified employee hired based on lies causes significant financial loss, damages property due to incompetence linked to falsified skills, or compromises safety, it might support a case, especially in roles involving public trust. Federal law, such as Title 18, Section 1001 of the U.S. Code, criminalizes knowingly making false statements in matters within federal jurisdiction, potentially applying to federal job applications.1Legal Information Institute. 18 U.S. Code § 1001 – Statements or Entries Generally
Criminal prosecution solely for resume lies remains relatively uncommon compared to termination or civil suits. Law enforcement usually focuses on fraud causing substantial financial losses or involving regulated professions or government positions. Minor embellishments typically fall short of criminal conduct, as proving intent and material deception beyond a reasonable doubt is a high standard not often met by typical resume inaccuracies unless they are egregious and result in demonstrable harm.
Perjury in Certain Filings
While a standard resume is not submitted under oath, perjury can become relevant through associated documents or specific application procedures. Perjury involves knowingly making a false statement about a material fact while under oath or affirmation where the law requires it. For a lie about credentials to constitute perjury, it generally must appear in a document the applicant formally swears or affirms is true, often under penalty of perjury.
Many standard job applications for private companies do not require this formal affirmation. However, applications for government positions, especially those needing security clearances, frequently require certifying the truthfulness of statements under penalty of perjury. Federal law, specifically Title 18, Section 1621 of the U.S. Code, defines perjury.2United States Courts for the Ninth Circuit. 24.15 Perjury—Testimony (18 U.S.C. § 1621) Another provision, Title 28, Section 1746, allows unsworn declarations to carry the weight of an oath if they include specific language stating they are made “under penalty of perjury.”3Legal Information Institute. 28 U.S. Code § 1746 – Unsworn Declarations Under Penalty of Perjury
If a job application form, background check authorization, or another document requires signing a statement affirming the truth “under penalty of perjury,” intentionally providing false material information—like fabricated degrees or critical work history—could potentially lead to perjury charges. The key elements are the formal affirmation, the statement’s falsity, the applicant’s knowledge of its falsity, and its materiality (potential to influence decisions). The phrase “under penalty of perjury” only creates perjury risk where legally authorized, such as in specific government filings or legally mandated forms like the Form I-9 for employment eligibility verification.
Professional License Issues
For individuals in professions requiring licensure—such as medicine, law, or engineering—providing false information on a resume can directly jeopardize their professional standing. Licensing boards typically mandate honesty, integrity, and good moral character from applicants and licensees. Submitting a resume with falsified credentials or exaggerated experience during a job search can violate these ethical standards, even if the resume wasn’t submitted directly to the board.
State laws governing licensed professions grant boards authority to investigate misconduct, including dishonesty. Deceit or misrepresentation in obtaining a license or in professional practice is often grounds for disciplinary action. If an employer discovers resume fraud and reports the licensee, or if the falsehood emerges otherwise, the board can investigate by reviewing documents and interviewing involved parties.
Consequences imposed by licensing boards can be severe. Depending on the regulations and the misrepresentation, actions range from reprimands and fines to probation, suspension, or complete revocation of the license, effectively barring practice in that jurisdiction.4Federation of State Medical Boards. About Physician Discipline Significant deception, especially regarding essential qualifications, often leads to revocation. Disciplinary actions are frequently reported nationally, potentially hindering licensure elsewhere.
Civil Liability for Misrepresentation
An individual who lies on a resume could face a civil lawsuit from the employer for misrepresentation, sometimes called fraudulent misrepresentation or the tort of deceit. This allows an employer to seek monetary damages if they suffered harm by relying on significant falsehoods during hiring. To succeed, the employer must prove several elements.
First, the applicant must have made a false representation regarding a “material” fact—one important enough to influence the hiring decision, such as fabricated degrees, required licenses, or substantially falsified relevant work experience. Minor embellishments are less likely to qualify.
Second, the employer must show the applicant knew the statement was false or made it with reckless disregard for its truth. This distinguishes intentional deceit from innocent mistakes.
Third, the applicant must have intended for the employer to rely on the false statement, typically inferred if the lie concerns a relevant job qualification.
Fourth, the employer must prove they actually and justifiably relied on the misrepresentation. “Justifiable reliance” means the dependence was reasonable. Courts might consider if the employer could have easily verified the information. Hiring despite obvious red flags might challenge this element.
Finally, the employer must demonstrate actual damages resulting from the reliance. These could include costs for recruitment, training, salary paid to an unqualified employee, or losses from the employee’s incompetence linked to the falsified credentials (e.g., costs to fix errors, lost business). Proving quantifiable damages is necessary for a successful civil suit over resume fraud.
Consequences in Employment Agreements
Accepting a job offer often involves formalizing the relationship through documents like employment agreements or offer letters. These frequently state that employment is contingent upon the accuracy of information provided during the application process, including the resume. Some agreements explicitly require applicants to warrant that all furnished information is correct. Signing signifies acceptance of these terms.
If it later emerges that the employee provided false information, these contractual clauses can trigger specific consequences. A common provision is that dishonesty during the application process constitutes grounds for immediate termination “for cause.” This dismissal stems directly from breaching the agreement’s truthfulness requirement, as trust is fundamental to employment.
Termination “for cause” due to resume fraud usually means the employee forfeits benefits like severance pay or advance notice, which might be available in terminations “without cause.” The rationale is that the employee’s own actions led to the dismissal. Even in “at-will” employment situations, where employers have broad termination discretion, discovering resume fraud provides a documented reason for dismissal, strengthening the employer’s position against potential wrongful termination claims.
Some employment agreements might link eligibility for bonuses, stock options, or other compensation to ongoing compliance with company policies, including honesty standards. Discovering significant resume misrepresentation could potentially lead to forfeiture or even clawback (requiring repayment) of previously awarded compensation, depending on the contract’s specific language and applicable laws.