Do you know how well your company is protected from false claims on employment applications?
During the hiring process, the ability to disqualify an applicant from consideration for a job, or to fire a candidate who lied on their application, hinges on what you have in writing.
It’s a common problem
A recent study showed 85% of employers have caught applicants lying on their resume or job application.
The common areas to fudge are dates of past employment, credentials, training, degrees, prior earnings and criminal history.
How can you avoid the liabilities that come with application falsification? Here are some steps employers should take, according to Workforce.
Be prepared
Implement a clear, uniform policy about the consequences of providing false information on an application.
Put a disclaimer on your standard job application near the signature line. By signing the application, the applicant acknowledges that providing false, misleading or inaccurate information on the application, on the resume or during an interview is grounds for disqualification, or termination if already hired.
The disclaimer should also expressly waive any liability for the employer if the applicant isn’t hired or is terminated for providing false information.
Be consistent
The best protection for your company is to follow your policy of disqualification/termination every time you find out for a fact that an applicant lied on their application or in a job interview.
Consistency during the recruiting process can protect the employer from legal liabilities and countless headaches down the road.
If a background investigation reveals an applicant or employee clearly lied, the applicant should be rejected or the employee terminated immediately.
If you only suspect falsification, HR should conduct a fair and impartial investigation and document the findings. Disciplinary action should be taken if the findings are conclusive.
Having a strict application falsification policy can save your company from potential legal action later.
Some states have laws prohibiting revoking job offers based on the discovery of a misdemeanor or other convictions with no relevance to the applicant’s suitability for the job.
However, following your company policy of revoking an offer when an employee misrepresents the existence of the conviction would still be allowed.
