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  1. #1
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    Nov 2010
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    Default What are the Consequences of Using a Fake Resume

    My question involves labor and employment law for the state of: New Jersey

    Dear Sir,

    Would you please mind responding the legal question that I'm posing in here ..Thanks in advance for your response ..


    Can any US based Software Consulting Co. take any legal action against his employee, a Software Consultant of Indian Origin for any submitted fake resume of him (no fraudulent academic credentials, but with some false IT Projects in it after 11 years he left him and US?).

    The employer is in US, New Jesey, with no India Operation and the person is in India for the last 11 years and has worked for several employers after that and his present resume doesn't contain any false/inflated work of any kind..The employee was in very good standing with the employer during his whole employment period and had absolutely no issues...Can the employer blackmail like that suddenly after all these years threatening to "cancel" his employment and even sue him to "take out" all earned salary from there ..?

    NB : He was on his H1-B Visa back then which was converted from an already existing H1B Visa for another US Employer and no green card was made, when he left the organization, due to some personal problems and came back to India,and since then has never gone back to US..

  2. #2
    Join Date
    Dec 2007
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    2,357

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    In the U.S., submitting a fake resume is immoral and unethical (as I would imagine it would be in other countries as well). It is not illegal in the U.S. Doesn't mean the employer can't tell prospective employers that you did so, however.

    However, since you live and work outside the U.S., U.S. law does not apply.

  3. #3
    Join Date
    Nov 2010
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    7

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    Thank you very much sir for your response .. Yes , I definitely do not support any such activity that can be questioned even as immoral & unethical.. But in this case, the person concerned was fooled by some Placement Agency in India to do that carelessly , without knowing any implication of that and he has never ever done anything like that in the last 11 yrs..

    But the employer in US, New Jersey is now threatening him of cancellation of candidature and employment and getting back all earned money through some lawsuit, with the help of some blackmailed information supplied to him in vested interest .. Can he do anything like that ? I'm very worried about it ..

  4. #4
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    Dec 2007
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    2,357

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    If the person in question doesn't physically work in the U.S., U.S. Law doesn't apply, even if the employer IS in the United States.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    Yep - the law applies where the employee actually works.

  6. #6
    Join Date
    Mar 2007
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    9,096

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    But, by some twist of fate, the person that submitted the false resume comes to the US... can he be sued civilly for the monies spent.

    Yup.

    Will the employer win? Dunno... there is a degree of responsibility upon the employer to actually verify the specifics of a resume... but judges and courts are made up of people... and people do strange things.

  7. #7
    Join Date
    Nov 2010
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    7

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    But should this not be an invalid issue now after 14 yrs of employment, and after changing at least 5 employers after him? The employer could have said anything had there been any loss involved during employment period for that employee ..

    Also, during the employment period with that employer (1996-1999), there was no issues with any work done and everyone was happy ..and forget about any loss, the employer who was actually a Placement Agency/ Consultancy kind of firm, earned good profits through this employee of him..Some reference letters from the Clients and salary increment from the employer himself proves the fact that the competence & efficiency was never a matter of concern ..

    But today, after all these years when no one remembers anything, the employer in denying everything and is putting false allegations of inefficiency & incompetence secretly through a powerful gang in vested interest who are way too willing to ruin his life in here in India and have brought this issue in "self-interest" to the Indian Police .. The employer in the mean time , with misuse and abuse of power , alleged to have "cancelled" his employment through a court case in New Jersey, and never told him anything about the issue as of now, but are trying to contact Indian Authorities through their "touts" for some punishment or claim..

    What can he do now? How to protect himself? Also can he take any action against the employer now?

    BTW: He has got no intention of going back to US ..

  8. #8
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    Mar 2007
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    9,096

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    Just because you accomplished the job description doesn't mean you didn't lie to get it.

    All of this doesn't matter here, though. We cannot advise upon Indian law. Sorry.

  9. #9
    Join Date
    Nov 2010
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    7

    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    But is there any specific law that deals with the issue in US? May I know as par which law the employer can even proceed and any details of the law available ..

  10. #10
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    Mar 2007
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    Default Re: Fake Resume - is It a Valid Issue if the Employer Was Changed Long Back

    Quote Quoting tidev
    View Post
    But is there any specific law that deals with the issue in US? May I know as par which law the employer can even proceed and any details of the law available ..
    Okay... let me try this again.

    It doesn't matter what US law says or does not say. YOU are in India. That is the jurisdiction for any legal action.

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