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Can You Legally Use a Pseudonyms on Your Résumé
My question involves labor and employment law for the state of Texas. I have three questions specific to resumes and not applications:
1. Is it legal in the USA to use a pseudonym instead of a real name on a resume?
2. Can listing earned/legitimate degrees under the birth name associated with a pseudonym on a resume be considered resume fraud?
3. Can prospective employers conduct a background check from resumes without consent?
Thanks.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
If you regularly use a name other than your legal name, such that your work history is going to be under the "pseudonym", then there is no reason not to use your "pseudonym". If you want to submit a job application with a made-up name, there's no law against that either -- but it will create issues if the employer conducts any sort of background check, as nothing on your résumé will check out.
Obviously, if you lie on your résumé that can be deemed "résumé fraud", whether or not you use your actual name.
Your prospective employer does not need your permission to try to verify the claims you make on your résumé.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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Mr. Knowitall
If you regularly use a name other than your legal name, such that your work history is going to be under the "pseudonym", then there is no reason not to use your "pseudonym". If you want to submit a job application with a made-up name, there's no law against that either -- but it will create issues if the employer conducts any sort of background check, as nothing on your résumé will check out.
Obviously, if you lie on your résumé that can be deemed "résumé fraud", whether or not you use your actual name.
Your prospective employer does not need your permission to try to verify the claims you make on your résumé.
Thank you for your response. I have two other questions for you:
1. Can a prospective employer run a background check on just a name or do they need additional information?
2. Can a prospective employer verify degrees earned even though the colleges confirmed that they do not volunteer any information without written consent?
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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MarkSmith
1. Can a prospective employer run a background check on just a name or do they need additional information?
To run an in-depth check would require more than just a name, unless it's an incredibly unique name. They can do some general checking just off a name though. They are unlikely to want to do any kind of in-depth check at just the resume stage of application.
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MarkSmith
2. Can a prospective employer verify degrees earned even though the colleges confirmed that they do not volunteer any information without written consent?
If the college won't give information without consent, they can't verify it through the college offices. There may be other ways.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Mark, you've been posting this question all over the Internet, and while I know you claimed "down the street" that this was hypothetical, frankly I don't believe it for a minute. You'd probably get answers that are better suited to the situation you're dealing with if you'd tell us what it is instead of asking questions in a vacuum that may or may not have exceptions.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
sounds like someone is trying to prove some type of discrimination based of off name (gender or racial stereotyping).
That said, i do know employers who will do a cursory 'net search on names and locations prior to ever setting up an interview. I haven't seen them do a full background check, but realize FCRA only applies to third party background checks not internal ones.
If you use a 'pseudonym' you better do your own investigation into the name first! And honestly going into a new hire process as James Jones and telling HR your real name is Kevin Smith is going to put a ? on your employment file pretty immediately. Now I've had plenty of people who use nicknames for first names.
You also need to be careful about what you are attesting to in any application you sign. Some do say that it covers not only the application but any resume/cover letter/documentation that you have provided. And I would say a "pseudonym" means you are hiding something and not telling the truth.
In most "at will" states an employer could pull the job first day for you having done so. Especially if you also do so on a background check form.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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hr for me
In most "at will" states an employer could pull the job first day for you having done so. Especially if you also do so on a background check form.
Actually even in the one non at will state an employer can discharge on the first day as well.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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PayrolGuy
Actually even in the one non at will state an employer can discharge on the first day as well.
yeah...that ones not my state so i haven't studied up on the rights of the employer there....but I would think this would give enough cause possibly
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Yes, in the one state that is not at-will this would be just cause to fire.
I was thinking more along the lines of wanting to hide something (a previous firing? A conviction? Lack of a required degree or certification?) from a prospective employer and then (potentially) reveal it after hire.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
I really wish that one state would bring their laws inline with everyone else. It isn't like they are a liberal state or anything. Not that many people even live there. I swear they just do it so we have to caveat many of our statements.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
My employer requires that applicants submit sealed, official transcripts with their application for jobs that required degrees (most of them do). If someone doesn't, they have an incomplete application and are not considered for an interview. We run background checks on all the applicants who make it through the interview process. Those who are hired have their fingerprints checked, as well.
Why on earth would you want to use a pseudonym on your resume?
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Thank you all so much for your responses.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
You are welcome Mark. But let's stay away for hypotheticals in the future.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Perhaps I am using the wrong word, hypotheticals. Before I started my business, I met with a business attorney several times to discuss business related issues that could arise. I call these hypotheticals similar to the questions I posed on this post. I did not have nor do I have any legal issues or problems. I simply met with the attorney to make sure that I was complying with all business laws. The attorney didn't find any of my questions inappropriate even if they were on the hypothetical side. So, honestly, I don't know why posting similar questions on this post is so inappropriate. Again, perhaps I am using the wrong word.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Your attorney was being paid for his time, I assume? The unpaid volunteers here generally prefer to dedicate their time to actual issues where people have an actual problem and not hypothetical situations.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
This was a free consultation. The laws can be very confusing and complicated. That is why it is always best to consult with an attorney before engaging in a new adventure, just to make sure you are following the laws. This only makes common sense. But I see that this forum is not for this purpose. So from now on, I will avoid posting any hypothetical business related questions on this forum.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
There is a purpose for you to ask a lawyer questions to determine if you are in compliance with all business laws. That purpose is to be in compliance with the law. The lawyer's job is to help you with that.
However, if these are truly hypotheticals and not related to any specific legal issue you are facing, then the only purpose for your questions is curiosity. The volunteers on this board, who have limited time to spend here and who mostly have jobs of their own, would prefer to spend their limited time answering real questions that people are really facing, and not just satisfying curiosity. That's the difference.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Curiosity is a judgement call you are making. I would never waste my time posting on a forum for mere curiosity. All these were business related questions that would help me decide which direction to go in. Laws are very confusing and complicated. Who else would confer with before making business decisions to make sure you are in compliance with the laws? It you wait till you get into legal trouble, it sounds a little too late for me. Perhaps I am the only one who feels this way.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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MarkSmith
Curiosity is a judgement call you are making. I would never waste my time posting on a forum for mere curiosity. All these were business related questions that would help me decide which direction to go in. Laws are very confusing and complicated. Who else would confer with before making business decisions to make sure you are in compliance with the laws? It you wait till you get into legal trouble, it sounds a little too late for me. Perhaps I am the only one who feels this way.
So as an employer you are expecting to receive a bunch of resumes with pseudonyms and are asking what to do about this in advance of it probably happening?
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Re: Can You Legally Use a Pseudonyms on Your Résumé
I don't understand your question. Can you please elaborate? Thanks.
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eerelations
So as an employer you are expecting to receive a bunch of resumes with pseudonyms and are asking what to do about this in advance of it probably happening?
I don't understand your question. Can you please elaborate? Thanks.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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MarkSmith
I don't understand your question. Can you please elaborate? Thanks.
I don't understand your question. Can you please elaborate? Thanks.
You're an employer. You are asking if it's legal for someone to put a pseudonym on his/her resume. You say that you're not asking out of "mere curiosity" but for a business reason.
Based on all of the above, I am wondering if the "business reason" is that you are expecting to receive some resumes that have pseudonyms on them, and you want to know how to handle that.
If it isn't, then what is the business reason for you wanting to know this?
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Re: Can You Legally Use a Pseudonyms on Your Résumé
If there is a business reason then they are not hypotheticals. If there is a specific situation you are facing, that is not a hypothetical situation.
I have said this to you several times and on several boards. I am going to say it one more time, and perhaps this time it will get through.
The law is not as black and white as one might imagine. There are many shades of grey, and there are exceptions. When you ask questions without telling us the reasons you are asking, you run the risk that you will get bad information because we won't be able to see what shade of grey is reflected and what exceptions may exist.
If you tell us the "business reason" we can give you better information than we can when you simply ask questions without any context and call them "hypotheticals".
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Thank you for your response. Several years ago, as a published author and speaker, I took on a pen name. Recently, I came across a speaking gig. However, a resume is needed to verify that I have a specific amount of years experience in that specific topic. With two degrees and work experience, I have more than enough experience on that specific topic. When I took on the pen name, I never considered how I would construct the resume. Listing all my previous speaking gigs would work. However, for this gig, they want to know my education and work experience which is all under my real name. I could always go back to my real name. However, my pen name is already a part of my business. I'm not sure how to tackle this situation. I just don't want to be accused of fraudulent behavior. I don't need this speaking gig. But, it sure would be nice.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Put your real name at the top of the resume (as usual) then directly under your real name add a note that you use the pen name "XX" for speaking gigs. It would look something like this:
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MARK SMITH
(pen name XX)
See how easy it is to get useful advice when you give us all the background information we ask for? Had you said you were concerned about being flooded with resumes from people using fake names, my answer would have been totally different.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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eerelations
Put your real name at the top of the resume (as usual) then directly under your real name add a note that you use the pen name "XX" for speaking gigs. It would look something like this:
See how easy it is to get useful advice when you give us all the background information we ask for? Had you said you were concerned about being flooded with resumes from people using fake names, my answer would have been totally different.
Wow, a long string of debated posts on several different forums, for something as simple as this.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
Confirm both of the above posts.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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eerelations
Put your real name at the top of the resume (as usual) then directly under your real name add a note that you use the pen name "XX" for speaking gigs. It would look something like this:
See how easy it is to get useful advice when you give us all the background information we ask for? Had you said you were concerned about being flooded with resumes from people using fake names, my answer would have been totally different.
Thank you for your assistance in this matter.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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llworking
Wow, a long string of debated posts on several different forums, for something as simple as this.
Like button.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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eerelations
Put your real name at the top of the resume (as usual) then directly under your real name add a note that you use the pen name "XX" for speaking gigs. It would look something like this:
See how easy it is to get useful advice when you give us all the background information we ask for? Had you said you were concerned about being flooded with resumes from people using fake names, my answer would have been totally different.
Thank you so much for your response. I have a few other questions for you regarding the same issue:
1. Your advice is very sound and workable. I have an alternative idea: What if I just had my pen name on the resume making it very clear that it is a pen or stage name without adding my real name. If they require my real name, I would give it to them at that time. This way, I would know that my real name is important to them and they plan to verify the content of the resume. It is very rare when I am ever asked for a resume regarding my educational and employment background for speaking gigs. One other individual who requested a resume told me that they don't plan to verify any of the content. They just need to see my experience in writing. These speaking gigs are not really employment opportunities as they don't ask for any personal info other than the resume and they don't have me sign a consent. They really are more concerned regarding the content of the talk. But to be safe, I would rather treat these opportunities as employment because I really don't know how they plan to use the content of the resume.
A while ago, I hired a videographer to videotape an eight-week series. He could not understand why I was using a pen name instead of my real name. Even though I explained my reasoning several times, he just didn't get it. Obviously, our working relationship went downhill from there, and that was at the beginning. I just don't want to experience anything like that again if I could avoid it. What are your thoughts on my idea?
2. I have my business name registered with the state. Do I need to also register my pen name (DBA) even though I don't collect money with the pen name?
3. I was going to pose these same questions to an individual in another forum who responded to my initial questions. But I won't, unless it is okay with you. I like various opinions. When others found out that I posted my initial questions on other legal forums, it almost seemed that they were concerned or offended. Naturally, I have no intention to offend anyone. I never had this experience with non-legal forums. I usually post on multiple forums so that I get timely responses. I cannot tell you how many times I get no responses. I did not anticipate the number of quick responses I would get from these legal forums. Unless the exact same people respond to threads on the various legal forums, I'm not sure why this is such an issue.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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MarkSmith
Thank you so much for your response. I have a few other questions for you regarding the same issue:
1. Your advice is very sound and workable. I have an alternative idea: What if I just had my pen name on the resume making it very clear that it is a pen or stage name without adding my real name. If they require my real name, I would give it to them at that time. This way, I would know that my real name is important to them and they plan to verify the content of the resume. It is very rare when I am ever asked for a resume regarding my educational and employment background for speaking gigs. One other individual who requested a resume told me that they don't plan to verify any of the content. They just need to see my experience in writing. These speaking gigs are not really employment opportunities as they don't ask for any personal info other than the resume and they don't have me sign a consent. They really are more concerned regarding the content of the talk. But to be safe, I would rather treat these opportunities as employment because I really don't know how they plan to use the content of the resume.
A while ago, I hired a videographer to videotape an eight-week series. He could not understand why I was using a pen name instead of my real name. Even though I explained my reasoning several times, he just didn't get it. Obviously, our working relationship went downhill from there, and that was at the beginning. I just don't want to experience anything like that again if I could avoid it. What are your thoughts on my idea?
2. I have my business name registered with the state. Do I need to also register my pen name (DBA) even though I don't collect money with the pen name?
3. I was going to pose these same questions to an individual in another forum who responded to my initial questions. But I won't, unless it is okay with you. I like various opinions. When others found out that I posted my initial questions on other legal forums, it almost seemed that they were concerned or offended. Naturally, I have no intention to offend anyone. I never had this experience with non-legal forums. I usually post on multiple forums so that I get timely responses. I cannot tell you how many times I get no responses. I did not anticipate the number of quick responses I would get from these legal forums. Unless the exact same people respond to threads on the various legal forums, I'm not sure why this is such an issue.
Personally, I would recommend that you use both names, as was outlined by erelations. Its cleaner, more honest, and less likely to cause a negative reaction, than doing anything else. People understand pen names, stage names etc. If you are upfront about it, it should not cause problems. Its more likely to cause problems if you are not.
The fact that you had a previous videographer who didn't get it was an oddity, in my opinion.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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llworking
Personally, I would recommend that you use both names, as was outlined by erelations. Its cleaner, more honest, and less likely to cause a negative reaction, than doing anything else. People understand pen names, stage names etc. If you are upfront about it, it should not cause problems. Its more likely to cause problems if you are not.
The fact that you had a previous videographer who didn't get it was an oddity, in my opinion.
Thank you.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
I agree with llworking, especially the part about problems. If you use only one name on the resume and then later confess to actually having a different name, I can see some people becoming quite upset about your apparent attempt to deceive them.
Can you explain why it's so important to you to not reveal your real name up front? Especially given that you're going to have to provide it eventually?
And I agree with what llworking said about the videographer - he may have been a great videographer but otherwise seems to be unusually obtuse. I suspect you won't encounter many people like this.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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eerelations
I agree with llworking, especially the part about problems. If you use only one name on the resume and then later confess to actually having a different name, I can see some people becoming quite upset about your apparent attempt to deceive them.
Can you explain why it's so important to you to not reveal your real name up front? Especially given that you're going to have to provide it eventually?
And I agree with what llworking said about the videographer - he may have been a great videographer but otherwise seems to be unusually obtuse. I suspect you won't encounter many people like this.
Thank you for your response. This isn't really an employment situation. If I were actually employed or seeking employment, you would be correct.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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MarkSmith
Thank you for your response. This isn't really an employment situation. If I were actually employed or seeking employment, you would be correct.
If they pay you money for speaking yes, they will need your real name and SSN. It doesn't matter if its an employment situation or not. Any person or organization that pays money to someone needs to be able to identify who they paid it to. In most circumstances if they don't have to issue a W2 they would have to issue a 1099.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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llworking
If they pay you money for speaking yes, they will need your real name and SSN. It doesn't matter if its an employment situation or not. Any person or organization that pays money to someone needs to be able to identify who they paid it to. In most circumstances if they don't have to issue a W2 they would have to issue a 1099.
Agree with llworking again. You will eventually have to provide the gig boss with your real name. Period.
But you still haven't answered my question - why are you so darned determined that the potential gig boss not know your real name? This is important!
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Re: Can You Legally Use a Pseudonyms on Your Résumé
We aren't beating you up for the sake of beating you up, Mark. It's like I said before, if we don't know the context, we can't really help.
I can think of several legitimate reasons, that are not in any way saying anything bad about you, why you might not want the gig boss to know your real name. But whether there is a solution to that, and if so what it is, depend on what the reason is. You are not obligated to share anything you don't want to, but if you can share your reasoning with us, we may (or we may not) be able to help you come up with a way for you to do what you so obviously want to do. Ball's in your court.
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Re: Can You Legally Use a Pseudonyms on Your Résumé
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eerelations
Agree with llworking again. You will eventually have to provide the gig boss with your real name. Period.
But you still haven't answered my question - why are you so darned determined that the potential gig boss not know your real name? This is important!
If they want to know my real name, then I will give them my real name. For business purposes, I would like to go by my pen name. If I am telling everyone my real name, what's the point of having a pen name? Obviously, any legal documents would be signed with my real name. This really isn't that big of an issue. If I need to put both names on my resume, so be it. Again, this isn't an employer/employee relationship. I would not be getting paid from them, just the ones who choose to attend.
As far as I am concerned, my questions have been answered on this forum. I very much appreciate everyone's response. You all have been very helpful.
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cbg
We aren't beating you up for the sake of beating you up, Mark. It's like I said before, if we don't know the context, we can't really help.
I can think of several legitimate reasons, that are not in any way saying anything bad about you, why you might not want the gig boss to know your real name. But whether there is a solution to that, and if so what it is, depend on what the reason is. You are not obligated to share anything you don't want to, but if you can share your reasoning with us, we may (or we may not) be able to help you come up with a way for you to do what you so obviously want to do. Ball's in your court.
Thank you for your response. This issue has been addressed in my prior post below. You all did answer my questions and I truly appreciate it.