My employee lied to get the job: Can I take legal action?

It is not uncommon for job candidates to slightly exaggerate factors when applying for jobs. However, when does this go too far? What is the difference between only showing the best side of yourself and willingly omitting facts? It is often not as black and white as telling outright lies or fabricating documents (although this does happen). If you hired someone based on a result they promised to deliver and then they are unable to fulfil this promise, what legal rights do you have as an employer?

Prevention is better than the cure

Candidates lying during the interview process is complex for many reasons. The first is that their motivation behind the lie may not have been malicious. There is immense pressure on candidates these days to have specific experience and meet high standards. In minor cases, this could lead candidates to describe a previous job role as managerial when it was not. In more serious cases, candidates could fabricate certificates or qualifications to back up their lies.

There are even situations where the candidates themselves are unable to detect they are lying. They may genuinely believe they possess the skills or experience being asked of them. This is one of the many cases where determining blame is difficult. Does it lie at the feet of the candidate or the interviewer who was unable to detect the lie?

Of course, it is not always possible to determine if someone is lying. However, there are steps you can take during the interview process that will give you valuable insight into the sincerity of the information being shared. Asking candidates for specific examples of when they utilised the skills they claim to have will allow you to judge the sincerity of their story. Again, this is not a foolproof method but it will test your candidate's ability to think on their feet and showcase integrity and honesty.

Having a strong hiring process is crucial to ensure any investment you make in an employee pays off. However, should you find yourself in a position where you have hired a candidate based on false claims, you do have grounds for legal recourse.

Just because you can, does that mean you should?

While the line in the sand might not always be clear, it is there when it comes to the legal repercussions of lying to secure a job role. 

• Candidates that intentionally present false information provide legal grounds for fraud. 

• Candidates who make careless statements could be charged with negligent representation. 

• Candidates who succeed in the job interview process and secure the role could be in breach of their employment contract should they fail to perform as promised.

Despite the legal routes that are available to you, it is always worth weighing the pros and cons of taking this action. First, there is the cost of litigation; how does this weigh against the cost of damages inflicted by the employee? There is also the risk of brand damage should this become public knowledge and/or turn into a lengthy battle. You must also be confident that it was not a weakness in your hiring process that led to the candidate's employment.

So, there is legal action that can be taken against an employee who obtained a job role under false pretences. However, as always, the benefit of pursuing legal action should always be considered before proceeding. Seeking expert legal advice prior to beginning any legal journey will ensure you are choosing the right path for you and/or your business.