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Can You Sue an Employee for Using a Fake Resume

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  • 01-13-2012, 09:30 AM
    iknownothingnothing
    Can You Sue an Employee for Using a Fake Resume
    My question involves labor and employment law for the state of: TX

    I am the owner of my company. I needed to use a computer near by and I found out that my employee had his personal email account(gmail) open. I saw that he has another resume with totally different experience then he used to get a job here(he did use the resume I found in his personal email to apply for other jobs). He did find a job and gave two weeks but I told him to leave and I paid him one week serverence. Can I sue for this resume? I own a small management company, you didnt need any special certifications just experience. If I do sue can they come back to me and ask how I obtained this information? This email was his private email not the work(outlook), but, yes on the company computer. I was kind of snooping. Can I take any civil action?
    Should I just let it go?
  • 01-13-2012, 09:38 AM
    cbg
    Re: Fake Resume
    No, you have no grounds to sue on the basis of a false resume. You haven't been harmed by it; you have no damages because of it. You had the opt to fire him and you did. Let it go.
  • 01-13-2012, 10:37 AM
    Disagreeable
    Re: Can You Sue an Employee for Using a Fake Resume
    The way it works is simple. You receive the resume/application. You investigate the facts. If you like the individual after you verify their credentials, you hire them. If you fail to investigate their credentials and hire them, its on you.
  • 01-13-2012, 11:54 AM
    Beth3
    Re: Fake Resume
    Can I sue for this resume? No. #1, you have no damages, #2, if you didn't make phone calls to prior employers to verify his creditials, experience, dates of employment, etc. before you hired him, then that's on you.

    You need to let this go and in the future verify employment and related information before you hire anyone. All it takes is a few phone calls.

    BTW, if you are contacted in the future for a reference on this guy, you can tell prospective employers that you discovered the resume he gave to you prior to being employed contained falsified information and that you would not rehire him.
  • 01-13-2012, 04:07 PM
    Betty3
    Re: Fake Resume
    Agree with the other responders. There was really nothing you could do except fire him which you have done.

    If he applies for UI, you can contest it. The state will decide if he is entitled to it or not.
  • 01-13-2012, 07:29 PM
    davidmcbeth3
    Re: Fake Resume
    Quote:

    Quoting Beth3
    View Post
    Can I sue for this resume?

    BTW, if you are contacted in the future for a reference on this guy, you can tell prospective employers that you discovered the resume he gave to you prior to being employed contained falsified information and that you would not rehire him.

    I would not do this .. the OP would be making many assumptions ... it could be a resume he downloaded and was modifying for his own use & not a final draft.

    And quit snooping ... how would you feel if someone did this to you. And it does not matter you "caught" him IMO ... do onto others ..
  • 01-15-2012, 11:18 AM
    iknownothingnothing
    Re: Fake Resume
    I did some digging.
    His resume had military on it, but he was not in it as long as he said.
    He did have schooling degree on it but he did not show any falsified papers to us, he was taking school through correspondance.
    Basically he ellaborated on everything.
  • 01-15-2012, 12:44 PM
    cbg
    Re: Fake Resume
    None of which changes any of the above answers.

    You have already taken the option available to you; you have fired him.

    You cannot sue.
  • 01-15-2012, 02:23 PM
    iknownothingnothing
    Re: Fake Resume
    Quote:

    Quoting cbg
    View Post
    None of which changes any of the above answers.

    You have already taken the option available to you; you have fired him.

    You cannot sue.

    What would the lawyers say if I brought this case to them???
  • 01-15-2012, 02:26 PM
    Disagreeable
    Re: Fake Resume
    Quote:

    Quoting iknownothingnothing
    View Post
    What would the lawyers say if I brought this case to them???

    Give us a $1500 retainer and we'll investigate your options.
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