Surveys suggest that many job applicants lie on their resume and that education is the most frequently falsified qualification on a resume. There are only a handful of cases that have litigated this issue in Canada, but that doesn’t mean it doesn’t happen. When it does happen, it’s typically resolved through negotiated exits, sparing both the employer and the employee public damage to their reputations. If the parties cannot agree and are forced into litigation, it should provide some comfort to employers that a fraudulent representation, when proven, may render the employment contract void or reduce overall liability. A fraudulent misrepresentation is one which is made with knowledge that it is untrue and with the intent to deceive You can prove fraudulent misrepresentation by establishing the following: 1. The representations complained of were made by the employee to the employer; 2. The representations were false in fact; 3. The employee either made the representations knowing they were false or made them recklessly without knowing whether they were false or true; and 4. The employer was induced to enter into the contract in question by the employee’s representations. If you don’t do your due diligence at hiring, you risk the real life drama of hiring a Frank Abignale.
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