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March 29 2016

France - a lie in an employee's resume may lead to dismissal for gross misconduct

In any recruitment process, it is legitimate for employers to inquire as to the professional skills and experience of candidates for vacant positions.
In order to avoid any excess actions on the employers' part, French employment law provides that the information requested from any candidate may only serve the purpose of assessing his|her ability to fill the position offered or his|her professional competence.
French law also specifies that such information must have a direct and necessary link with the proposed position or with the assessment of the employee's professional competence. Subject to such safeguards, the French labour code states that the candidate must reply in good faith to such request for information.
Unfortunately, and especially in a context of high unemployment and increased expectations from businesses, it is becoming more and more frequent to discover inaccuracies or even outright lies and misrepresentation in candidates' resumes. In a recent case, the Supreme Court considered an employee committed an act of willful misrepresentation which entitled the employer to terminate his employment.