Employment. Half of French people have already lied on their CV: what are the risks?

Lying on your CV? "Never in a million years!" says Pascal, originally from Ain: "One day or another, the lie will surface, even after several years in the company," says this sixty-year-old. Like him, most of the people who responded to our call for testimonials say they prioritize honesty when recruiting. "I've never lied about my qualifications, much less about my disability," says Gaylord, a young resident of Porte-de-Savoie (Savoie). "It never even crossed my mind," agrees Grégoire, a 65-year-old from Alsace. "I couldn't bear to be found out," says Éric, from Beaucourt (Territoire de Belfort).
And yet, according to a survey (*) published last month, 55% of French people say they have already modified or exaggerated certain elements of their professional career. This figure does not surprise "at all" Albane Armand, director of operations at the recruitment firm Robert Half: "A few years ago, we were even talking about 85% of CVs that were at least minimally improved," she says.
“I’m afraid of losing myself in my lie.”Fear of not being competent enough, a “gap” between two jobs, the length of a mission, a diploma that is not recognized enough… In a very competitive job market , some are ready to come to terms with the truth to land a job. This is the case for Marie: “I always noted in my CV that I have the baccalaureate, but I don’t even have the brevet des collèges,” confesses the forty-year-old. Among the most common lies: mentioning a diploma never completed (10%), inventing professional experience (10%), transforming a fixed-term contract into a permanent contract or vice versa (9%) or exaggerating one’s previous managerial responsibilities (9%).
Karine (**), a 29-year-old reader, never validated her bac+2 diploma, but still mentioned it on her CV. "I'm afraid of losing myself in my lie," she confides. Inventing or exaggerating one's qualifications is indeed not without risk. "An employer who has just hired an employee and is aware that the latter lied on his CV can request the nullity of the employment contract for fraud," says Maître François Hubert of the Voltaire Avocats firm. In theory, he can "request reimbursement of wages paid, possibly accompanied by damages," he specifies.
Second possibility: the duped employer can initiate dismissal proceedings, which may include dismissal for serious misconduct. Mr. François Hubert cites several decisions by the Court of Cassation that have upheld "the merits of the dismissal, particularly regarding the breach of the duty of loyalty." In the case of serious misconduct, the employee is deprived of severance pay and notice, the labor law attorney points out.
“Fairly flexible” case lawThese two situations are, however, "fairly limited," acknowledges Mr. François Hubert, due to "fairly flexible case law regarding employees." To win a case, the employer must not only prove the existence of fraudulent maneuvers, but also demonstrate that these maneuvers were decisive in the hiring of the employee.
In theory, "the employee is also exposed to criminal prosecution," particularly for forgery and use of forged documents – an offense punishable by three years' imprisonment and a fine of €45,000 – particularly in the regulated professions sector (health, justice, architecture, etc.). But in practice, "it is rather up to the employer to be extra vigilant and ensure that the candidate has the required qualifications," as shown by a ruling by the Court of Cassation on March 26, notes Mr. François Hubert.
This shouldn't encourage candidates to do anything and everything: "We're detecting impostures faster and faster and better and better," assures Albane Armand. Often, it's enough to "cross-reference data" (alumni network, professional references, LinkedIn account, etc.) to spot improbabilities, she explains. Rather than inventing lies, the recruiter advises playing it safe and "taking care of your application." "The most direct approach is often the most effective," she concludes.
(*) Preply survey conducted on a sample of 1,500 people aged 16 and over, representative of the French population.
(**) First name changed.
Le Progres