Is It Illegal To Lie on a Job Application or Resume?

In most instances, lying on resumes is not a crime. However, signing a false job application can be. Depending on the misrepresentation, you may face termination, civil liability, or, in some cases, criminal charges.

In today’s competitive job market, resume lies are more common than ever. The risks are often greater than job seekers imagine. A 2023 ResumeLab report found that 70% of U.S. workers admitted to lying on their resumes. Not understanding the consequences of doing so and getting caught can lead to a harsh realization when sanctions are revealed. If you are dealing with employment-related legal issues, an employment attorney can help you understand your options and what to expect.

What Are the Consequences of Lying on a Job Application?

It’s a good idea to consider all of the issues that may arise from lying on a job application. Consequences can range from discomfort to career-ending outcomes, and in some cases, criminal charges. The nature of the lie matters, but any false statement carries risk.

Termination is the most common result. Employers often verify credentials during background checks and may discover discrepancies after hiring. Under employment-at-will laws in most states, employers can terminate employment at any time for any reason. This includes discovering a lie at any point after it occurred.

Civil liability is less common, but it remains a real risk. If your misrepresentation causes harm to your employer, such as performing work you are not qualified to do, they may pursue a civil claim. This claim could be for fraud or misrepresentation. This is especially relevant in licensed professions such as healthcare, engineering, or architecture.

Criminal charges are rare, but they do happen. Most resume lies won’t result in prosecution, but certain falsehoods cross into criminal territory. Examples can include falsely claiming a professional license, lying on a federal job application, or forging official documents. Under federal law, making a false statement to a federal agency is a federal crime. Many states have parallel statutes.

Keep in mind that repercussions for telling a lie never expire. Background checks may be repeated for promotions, allowing inconsistencies to be noticed by colleagues or supervisors. Employers discovering credential fraud years later is a very real possibility and often results in termination.

Even a minor lie can affect your ability to bring claims against your employer. Courts may allow employers to use after-acquired evidence of dishonesty to limit what you can recover in a wrongful termination suit.

When Is Lying on a Resume or Job Application Illegal?

In most cases, lying on a resume is not illegal. A resume is not a legal document, but a job application might be. The key difference lies in what you’re being asked to certify as true.

During the hiring process, potential employers may ask you to affirm the accuracy of the information you provide. Many job applications include a statement above the signature line that says something like, “I certify that the information provided in this application is true and complete to the best of my knowledge.” As a result, it could be illegal to lie during the signing process, as you’re making a sworn statement that could constitute fraud.

Lying on your resume isn’t illegal unless you provide false information about certifications or licenses. Most states have employment-at-will laws that allow employers to fire you for dishonesty, even if you never checked a box saying that your application was accurate. While the firing itself is legal under at-will employment, certain types of lies can cross into criminal territory.

Lies become illegal when they involve:

• Professional licenses or certifications: Claiming to be a licensed doctor, nurse, lawyer, or other regulated professional when you’re not
• Government job applications: Federal and state applications typically include warnings that lying is a federal or state crime
• Academic credentials in certain states: Some states, like Texas, have specific laws penalizing false claims about academic credentials or degrees
• Fraud or forgery: Creating fake documents, forging signatures, or fabricating official records

This distinction is important because while most resume embellishments may result in termination, certain lies can lead to criminal charges or significant legal liability.

Is It Illegal To Lie in a Job Interview?

In most instances, lying during a job interview is not illegal. Unlike a signed job application, an interview is not a legal document. Statements made in conversation do not constitute perjury under federal law, which requires a false statement made under oath in a legal proceeding. This doesn’t change the fact that lying in a job interview can still have consequences.

The same practical risks that apply to written misrepresentations apply to verbal ones. Employers often take detailed notes during interviews, and when multiple interviewers compare accounts, inconsistencies surface quickly. Claims you make in an interview will also be tested once you are on the job. A skills gap or credential problem rarely stays hidden for long. The most common lies in interviews are overstating your technical skills, exaggerating management experience, giving a false reason for leaving a previous job, or pretending you know certain tools or software.

There’s also a legal risk to remember. If your employer later finds out you lied in the interview, they can use that as a reason to fire you. It can also make it harder for you to sue for wrongful termination, even if your rights were violated. In McKennon v. Nashville Banner Publishing Co. (1995), the U.S. Supreme Court said that evidence of misconduct found later can reduce what you can get in a lawsuit. Some courts apply this rule to lies told before you were hired, including in interviews.

The bottom line is that lying in an interview can lead to being fired, hurting your reputation, or even being sued, just as if you lied on paper. A shrug and an “I’m sorry” are not likely to make the problem go away.

Can Lying on a Job Application Lead to Criminal Charges?

Depending on what you lied about, it’s possible you could face criminal charges. The likelihood of being charged with a crime for lying on a resume or job application is slim, but certain circumstances could lead to criminal responsibility.

In some states, like Texas, authorities can penalize you for lying about your academic credits. Lying about having a professional license, such as that needed for a doctor or nurse, could lead to criminal charges. If you’re seeking employment from a state or federal employer, you will likely see a statement reminding you that lying on a government application is a crime.

When You Can Be Fired for Lying 

Getting the job doesn’t keep you safe if you lied on your resume, background check, or during your interview. If the fraud relates to a relevant part of the position, it increases the likelihood that your deception will be uncovered. For example, if you falsely list having a college degree in a field important to the position, you could get fired if your employer discovers the truth.

You must be honest about your work experience. Employers will ask about it during the interview, include it in your background check, or ask your references about it. If your application doesn’t align with their research, it creates red flags that won’t go ignored.

There is no such thing as a “little white lie” in an employer’s eyes. Most employers consider lying in your job application to be significant. On top of losing your current job, the firing could also make it more difficult to find a new job in the future.

Most states have employment-at-will laws. These laws allow an employer to terminate your employment at any time and for any reason, including resume fraud.

Civil Liability: When Your Employer Can Sue You

You could be liable for civil damages if your falsehoods created legal issues for your employer. For example, if you lied about your credentials as an architect and your company gets sued because of mistakes you made on blueprints, getting terminated may be the least of your concerns. Your now-former employer can come after you for civil fraud or misrepresentation if issues or injuries arise from your work.

The After-Acquired Evidence Doctrine

Lying on your resume may make it impossible to take your employer to court, even if they violated your legal rights. If your employer can show that they would not have hired you in the first place had you been honest on your resume or application, you may not be able to recover damages if you were illegally fired from your job.

Courts often rule that employees who lie to get a job can’t later claim they were wronged. Some courts have dubbed this legal strategy the “after-acquired evidence” theory. Evidence that supports this theory has included:

• Failing to list a former employer on a resume
• Being fired for cause from a former position and failing to disclose it
• Failing to reveal or concealing a felony conviction
• Making up a college degree during an interview
• Making false statements about professional licenses, education, or relevant experience

If you sue your employer, they can use after-acquired evidence. Showing that the falsehoods in your application or resume were directly linked to your job gives them an advantage in justifying your termination and offers further defenses against civil litigation from you.

Loss of Professional License

Many professions have a board that oversees the issuance of licenses to practitioners, including lawyers, nurses, and doctors. They can suspend or revoke your license if you commit an ethical violation.

What People Lie About Most

Despite it almost always being a terrible idea, a majority of job applicants lie on their resumes, applications, or even in interviews. 80% said they lied during a job interview, often by inflating job responsibilities, previous job titles, and skills, and 76% said they lied in their cover letters.

It’s common for job seekers to “fudge the facts” in an attempt to get a job. The usual areas for false information in a job history include dates of employment, credentials, training, degrees, prior earnings, and criminal history.

Resume fraud is a risky strategy. Not all lies carry the same consequences. Here’s how common resume lies rank by severity:

High-Risk Lies (Most Likely To Result in Serious Consequences)

• Professional licenses and certifications: Employers verify these through state licensing boards and professional databases. Lying about being a licensed professional can result in criminal charges and immediate termination.
• College degrees: Most employers verify degrees directly with universities or through services like the National Student Clearinghouse. A fake degree claim will likely be caught during background checks.
• Criminal history: Background checks will uncover undisclosed convictions. While ban-the-box laws limit when employers can ask, lying when directly asked can disqualify you and may be illegal in some jurisdictions.

Medium-Risk Lies (Likely To Get You Fired)

• Job titles: Former employers will confirm your actual job title to any employer conducting reference checks. Inflating your previous title from “Associate” to “Manager” is easily discovered.
• Dates of employment: Employers verify employment history through background checks and can uncover attempts to hide employment gaps or extend tenure. Claiming more years of experience than you actually have is one of the most common forms of resume embellishment.
• Salary history: Some employers verify previous compensation. Pay stubs may be requested for certain positions.

Lower-Risk Lies (Still Problematic)

• Skills and competencies: You’ll be expected to demonstrate the skills you claim on the job. Any proficiencies you lack will become obvious quickly.
• Responsibilities and achievements: References may contradict your claims. The truth often emerges during detailed interview questions.

Employers may not catch every embellishment during hiring, but lies often surface at some point. Once discovered, even a minor lie can cost you your job and limit your ability to pursue legal claims against your employer.

Criminal History: Ban-the-Box Laws

If you have a criminal history, you might feel tempted to leave that information out of your job application. Most states and many cities have laws that prevent employers from asking about criminal history or using it in initial hiring decisions. New employers can request a criminal background check once they’ve made a conditional offer. These “ban-the-box” laws support second-chance hiring. According to the National Employment Law Project, 37 states have ban-the-box laws on the books as of 2021.

If a criminal conviction is part of your history, be honest and explain the incident on your terms. Trying to hide it is playing with fire, since it will likely be found during the background check.

If you have an arrest record but the charges were dropped, that is very different from a criminal conviction. Consider speaking with a criminal defense attorney to explore expunging the charge from your record.

What To Do if You’ve Already Lied

If you are in the job search process, have already submitted an application, or have started a job offer with inaccurate information, first assess the seriousness of the misrepresentation. A slightly inflated job title is very different from a fabricated degree or a false claim about a professional license. The more directly the lie relates to your ability to perform the job, the greater your legal and professional risk.

In some cases, proactively disclosing the misrepresentation may be best. If discovery is likely and the consequences of being caught outweigh the discomfort of disclosure, approaching your employer first may demonstrate integrity and give you some control over the outcome. While there is no guarantee of a positive result, it may be preferable to waiting.

If the misrepresentation involved a credential or license you do not hold, consider working toward obtaining it. Earning the qualification will not undo the original misrepresentation, but it can reduce ongoing risk and demonstrate good faith.

For anything beyond a minor misrepresentation, especially false claims about professional licenses, academic degrees, or government employment, consult an employment attorney before taking action. They can help you assess potential legal consequences and the best steps for your situation.

Get Legal Help

Misrepresentations in job applications or employment issues can seriously affect your rights and prospects. Don’t go it alone if you’re unsure about your situation. Consult a local employment attorney for legal advice. An experienced professional can assess your case and explain the best steps to ease potential fallout and protect your interests.