Can employer sue the employee for wrongful information in the CV?
30-Aug-2023 (In Civil Law)
Hello Sir/Ma'am, I am asking this question on behalf of one of my friend. One of my friend (would not name him/her) is working in a company (confidential). She has a small concern/worry. Actually, she had applied for that job online and in the process was selected for the interview. She had gone for the interview and was also selected for the given position. Actually, the resume/CV which he had made, he had wrote that he had done some played some game in company/ participated in some debate competition in school (things like that) which he hadn't He is just worried that he could be sued for these things. (In spite of me explaining that these are small things and do not stand a value as his qualifications and experience is genuinely represented which has got him this job and which were in-fact the eligibility criteria for that position.). I would be happy if you could give a response/throw a good light on this if he/she should be worried on such pity thing so I could share your views.
Well, talking about general scenario, the employer won’t pay attention to such petty things and won’t try to find out if his/her employee has actually participated in debate competitions or sports events or not, unless and until there arises such a situation where he comes up with a strong doubt as to that fact. But he might take action against the employee in case he finds out that there has been some serious or grave mis-representation in the facts relating to qualifications and previous working experience of the employee. In such cases he can terminate the employment or rescind the contract of employment or sue for fraudulent misrepresentation depending upon the gravity of circumstances. In your friend’s case, it is quite unlikely that the employer takes any action for such petty things.
the first step is to file a written application to the police / concerned authorities. if there is no response from the said agency. then you have a option to approach the higher appropriate authority. if all else fails then approach the Hon'ble court by explaining in detail your case.
Dont worry company will not move ahead for a such a petty thing rather they will move ahead for termination of services for giving frivolous informations.
But in my opinion company will not do so unless and untill her/his work is unsatisfactory.
Thanks and Regards
Atul kumar Singh
Note the suit is only maintainable in case of any pucinary damage to the company and in our case it is none.
But in my opinion company will not do so unless and untill her/his work is unsatisfactory.
Thanks and Regards
Atul kumar Singh
Note the suit is only maintainable in case of any pucinary damage to the company and in our case it is none.
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