Job: Misrepresentation of Qualifications on Resume Leads to Potential Termination
Pimping up your resume may not necessarily lead to a disciplinary action from your employer, but it's a gamble worth reconsidering.
© Illustration by our site / Freepik Written by Charlotte Rousset, a journalist in the Employment section of our site, focusing on topics including social law, career, and worker remuneration. Published on
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Let's say you've never worked at that fancy company you claim to have slaved away at, or you don't have that fancy degree you're bragging about. "I mean, a little white lie of embellishment isn't so bad, right?" you think. But your boss decides to do a background check. And bam! Your cover gets blown. Can they fire you for purposely stretching the truth during your interview? Well, not so fast.
Contrary to popular belief, the French Labor Code doesn't lay down any rules regarding the content of a resume. But fear not, we need to look at the French Civil Code to find an answer. Since the employment contract is essentially the same as any other agreement, both parties - employee and employer - must be fully aware and agree on the key elements. And if you've intentionally misled them with falsehoods, there's a problem. But beware, lying isn't an immediate reason for dismissal.
Conditions to justify your dismissal
There are two conditions that must be met for the employer to be able to lawfully dismiss you for lying on your resume or during the interview.
Firstly, they must prove that you have deliberately engaged in deceit to secure the job. For example, claiming a degree you don't have or exaggerating your professional experience. As attorney Anne Leleu-Eté puts it, "We've seen cases where employees have lied about their tenure with a company, claiming they were there for four years, when all they did was a five-month internship".
The 6 must-have training courses for managers in 2025 However, even if you have lied, it's not enough to terminate your contract unless the deceit was a crucial condition for your recruitment. For instance, if the company insists on a particular degree that you don't hold, but you lie about it anyway. In this case, the requirement for certain skills is evident, and your lie would be a valid reason for breaking the contract. But the employer must also have shown diligence during the hiring process, because "if the employer requests a degree but never asks for it, or even checks it, they won't have much ground to complain about a lie later, and hence, dismiss you", says the attorney.
About this article: labor law, dismissal, resume
Key Insights on Dismissal for Resume Falsification in French Labor Law
- To legitimize firing an employee for resume fraud, the employer must show both the intentional deception and the significance of the misinformation to the employment.
- The employer must demonstrate that the lie was intentional by providing evidence that the employee knowingly presented false information to obtain the job.
- If the employee lied about a crucial aspect of the job requirements (e.g., educational degree, certifications, or work experience), the lie may justify dismissal.
- The employer must also prove that they exercised reasonable diligence during the hiring process and acknowledged the falsified information by conducting background checks or asking about relevant qualifications.
- Courts consider dismissal for resume fraud on a case-by-case basis, taking into account proportion, fairness, and the overall impact of the lie on the employment relationship.
- In some circumstances, employees may hold certain protections against unfair dismissal, such as the right to be heard and the right to contest the dismissal before labor courts.
- In general, dismissal for falsification is considered an option of last resort, with other corrective measures typically being explored before resorting to termination.
- Misleading information presented in a resume can lead to financial and career consequences, as false claims may come to light during a background check and potentially result in job loss.
- Under French labor law, the content of a resume is not specifically regulated, but a breach of trust due to deception can justify dismissal.
- If an employee intentionally misrepresented their qualifications and the lie was crucial to securing the position, it could be considered a valid reason for dismissal.
- Employers are expected to exercise diligence during the hiring process, such as verifying relevant qualifications and conducting background checks, to ensure authenticity in the provided information.
- In cases of resume falsification, education-and-self-development and career-development resources can help individuals enhance their skills and improve their prospects in the job market.
- When faced with falsified information, it is necessary to consider corrective measures rather than termination as a first resort, as dismissal is typically seen as an action of last resort under French labor law.
