omission on resume

mhees10076

We have hired a CEO without doing a background check. BIG MISTAKE!
After major problems with this person, found that he omitted his officer position at a competitor company just months before we hired. Does anyone know if we can terminate for his omission on resume. It is true that if someone lies on resume, the more likely that he will lie on the job because it has happened to us. Any insight in the matter would be greatly appreciated.

Don D

Some might say that a resume is part of the application process, thereby part of the application and he may have lied. I don't know that. We all craft our resume to most persuasively portray us. If someone simply does not list something on a resume, they have not lied, unless the resume or cover letter states that he certifies the attached to be a full and complete representation of all of his work history, and that's rarely if ever done. If, however, the man submitted a resume with false entries that covered the time period of the unlisted job, he has lied to you and that might be grounds for termination at the CEO level. It's our job in HR to fully check people out as best we can. If there was a gap in the resume, it was your department's job to get an explanation for it. I don't know from your post if he lied or not.

jimlegal

[font size="1" color="#FF0000"]LAST EDITED ON 03-26-03 AT 11:05AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 03-26-03 AT 11:00 AM (CST)[/font]

I notice you say "resume" not "application". Did this person not fill out an application for your company? Did you primarily rely upon this person's resume? When you hired this person did you enter into a written contract? Are you in an "at will" state? Without knowing the specific facts, using only your post I offer the following comments. The omission of a fact is serious. If you relied primarily upon the person's resume which you found out at a later time to be untruthful, you have relied upon information provided by the person to your detriment. Based upon this detrimental reliance you entered into any employer - employee relationship, by the fraudulent acts of the person. Thus, through fraud you were induced to enter into the relationship. Sounds like this person misrepresented by omission the material facts on this persons resume. I would document, document, document every thing from day one through today. Then I would contact our counsel (attorney for our company) for advise and terminate immediately!!!

POPEYE

I would document, document, >document every thing from day one through today. Contact our counsel >for advise and terminate immediately!!!


JMLEGAL - Sounds like you are from the Legal arena but how could someone contact you since your profile is disabled?

Don D

I think Jim meant to say 'contact YOUR counsel'. It would be against Forum policy for him to solicit on the air.

jimlegal

[font size="1" color="#FF0000"]LAST EDITED ON 03-26-03 AT 11:04AM (CST)[/font][p]I used the term "our counsel" meaning the attorneys that represent the company. I in, no way am I soliciting anyone. To be more precise, "please contact the attorney that represents your company"! I hope this clarifies my post. Thanks for bringing it to my attention.

POPEYE

Excactly what I thought but just wanted to get it DOCUMENTED!!!
So Don D, does that mean I can't adverstise my sports prognostication
expertise on the Forum?

Don D

Yes, indeed you can Popeye, since it is a proven fact that you canNOT benefit financially from your guesses.

System

Why would you want to terminate? If you'd known would you have declined to hire the candidate? Wouldn't his competitive knowledge be helpful? Omission is not lying. The Company had the opportunity to interview and ask questions. Was something overlooked in the process? If you terminate for nothing more than an omission the employee is likely to think that reason is a subterfuge for the real reason----which he will assume is something to litigate.

LindaS

My understanding is that a resume is NOT a legally binding document which is why we NEVER hire an employee without having them complete the application (this includes ALL managerial and higher level employees). The application has the statement wherein the employee is swearing that all information is true and correct and falsification or ommissions may result in termination of employment. This application also requires them to list their last 4 employers so if this person had completed one you would have had that information in the beginning. I don't think this ommission would be grounds for termination alone, unless you are an at will state.

Rockie

I have found that usually, when someone leaves something off a resume, it is for a very good reason - usually termination for cause. A "lie of ommission" is the same thing as falsification of a resume and this is grounds for termination according to our policy and also is on our application.

This also says something about a person's basic character. It's a very good indication they would not conduct themselves above board on the job.

We hired a clerical person in one of our regional offices which is a very small town and everyone knows everyone's business there. This individual ommitted a former employer on her resume that she stole funds from. A patient in our office evidently knew about this and asked the doctor why we had a thief working in our midst. Since the former employer terminated the person and did not file charges if she agreed to reimburse, it did not appear on the background check. We terminated for falsification of resume.

Rockie

OOPS, sorry. I am referring to an application. Linda is absolutely right that a resume is not a binding legal document. We do not hire without a completed application for this reason. This also gives us permission to check references, etc. A resume is just an "information gathering" tool.

ritaanz

What kind of major problems did you have with him that made you investigate his background? Could this "major problem" be cause for termination?

Don D

Rockie: What if this person had challenged you? What proof did you have of this occurence other than 'he said she said'? What if the person were to threaten a defamation suit? Did you actually get a statement from the firing company? Sounds like thin ice.

Rockie

Don - No one dares to challenge me! (Just kidding)

No, I got documentation from the "firing" company which surprised the heck out of me that they would give it. (It was actually a copy of a signed agreement where she agreed to make restitution for stolen funds). Anyway...I just sat the employee down and stated that we had received information that she had been employed by such and such an organization and was that true? She stated she had. I asked her if there was any reason she did not disclose this information on her application. She said "Because I did something bad." I then asked "Could you share with me what this was?" She then admitted to taking the money.

This made the termination quite simple, but I agree that you do have to handle these type things gingerly.

mhees10076

We found out about his prior position through SEC filings of the company that he did state on resume that he was a director of the board, but no mention of the officer position. Within the SEC filings were his resignation after 3 months with company and in previous filing his employment contract stating his position of President and Chief Operating Officer. Since we did go by his resume and didn't have him fill out an application, I am assuming I cannot contact the previous company to find out why only employed for 3 months, can I?

Leslie

You can try, but without a signed release from the employee I doubt you will get very much information.

Don D

You do not need anyone's permission to call his previous employer and ask whatever you like at this point. The caution and liability are primarily on the other end. You may gain information....you may not. If you are skillful enough and the moon is right you may get your answer.