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Is is illegal? does it go against public order?

This company is going after my friend for breach of contract,
but the reason for breaching, was because the company made her to write fake resumes in order to 'market' her out in the projects.

I want to know if she can get out of this mess when it comes to the court.

2006-11-16 09:30:30 · 8 answers · asked by sand worm 1 in Politics & Government Law & Ethics

8 answers

I hope she's documented everything, including where she spoke up and stated she's rather not falsify documents. She will need legal representation.

.

2006-11-16 09:37:03 · answer #1 · answered by twowords 6 · 0 0

Sounds like a "she said", undocumented claim by your friend against the hard evidence of what is on paper.
Naturally, they will have the burden of proof which in civil cases is lesser than in criminal actions (remember OJ Simpson's not guilty of murder, but was later held civilly liable for it when sued by Goldman's parents).
However, she does have a presumption of innocense until proven guilty and she has a right to a trial by a jury of 12 of her peers. She should consider exercising these rights if she truely beleives that she did not commit fraud.
A civil claimant against her (the company) should be ready to prove actual, documnetable losses to their firm as a direct result of her actions.
Also, some other factors to consider: was she protected by a union contract, did she have any professional bonding or insurance in her job, did she have a employment contract that might have provisions to protect her, does she maintain copies of the company policies and handbooks to refer to, did she get anything in writing from the firm, is there any paper trail (i.e email or instant messages, or voicemails) that might be subpoenaed to support her contention, did she dictate the resumes or type them herself, did a secretary do the typing, are there others she told of this before now (friends, online blog, emails, etc...)?
How large were the misrepresentations on the resumes? Are we talking about the difference between "some sales experience" or simply creating non-existant references or claiming specific and detailed work that was never completed? Some claims may be more malliable than others. Years of eduction might mean many things vs. "Doctoral Degree in Internal Medicine from Harvard" which is very specific and likely false.

2006-11-16 09:48:59 · answer #2 · answered by William P 3 · 0 0

Yes, lying on your resume is very illegal. The best way to stay out of court is to not do anything illegal in the first place. Why would a company force her to write fake resumes and then sue her for doing it? That doesn't make any sense.

2006-11-16 09:38:06 · answer #3 · answered by Devin J 2 · 0 0

If the company forced her to misrepresent her qualifications, she had better have evidence of this action.

If a falsified resume was used to win projects or bids, the offended company could charge fraud and/or win damages for lying, and her company could claim they didn't know (although if a boss signed off on the bid or whatever, they would share responsibility).

2006-11-16 09:33:08 · answer #4 · answered by kingstubborn 6 · 0 0

Yes

2006-11-16 09:37:22 · answer #5 · answered by LazyDaisy 3 · 0 0

Lawyer time.

2006-11-16 09:33:33 · answer #6 · answered by mld m 4 · 0 0

Um, yah!

2006-11-16 09:31:47 · answer #7 · answered by Nicole D [15 yr old superstar] 2 · 0 0

She has to prove what they did.

2006-11-16 09:32:41 · answer #8 · answered by Bob P 3 · 0 0

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