Lying about money

baltmatrix

I need some help guys. A friend of mine recently got a head hunter to look for a new job for him. He lied about how much money he makes (he inflated his salary by six thousand). He now has a new job making more than that. What I want to know is did he do anything illegal. I'm guessing not but I just want to be sure.

Jason

I'm pretty sure that there's nothing illegal about lying unless you can prove a direct causation to fraudulent damages. If the new employer was willing to negotiate for his current salary, then I don't see any problem with playing fast and loose with technically confidential personal information like his last wage. I, however, am not a lawyer. I just watch a lot of Boston Legal. Denny Crane.

GauntletWizard

IANAL, but, there's nothing wrong with misstating your salary to employers to convince them to increase their offers. I'd not even consider it immoral: Getting employed in a good job seems to be a political game: bluffing, misstating, strong-arming... As the Japanese say, "Business is war". Lying about your credentials is certainly grounds to fire you, but salary/benefits at your previous job aren't credentials.

Tell him congrats on the new job, too. >$6000/year more isn't a raise to scoff at.

HMTKSteve

Lying about qualifications is far different than lying about what your former employer paid you.

Cremlian

The game of work is always the employee saying "How can I get more money for less work" while the company is trying to say "How can I get more work for less money". Hopefully a balance is struck between the two forces.

Kilarney

Here's a non-answer.

It's hard to say, since we don't know the jurisdiction and/or the context of the statement. So is it criminal - who knows?

Also, there is a difference between something being criminal, and something giving cause to civil damages. If there was a misrepresentation as to a material fact made during contract negotiations, there may be cause for civil damages under contract law.

He'd have to talk to a lawyer if he wants an answer.

Assuming he does a good job, the employer would have to be a real pr*ck to sue... but that's another issue.

HungryJoe

Usually the application process has a provision that any false statements can result in termination, but rarely is it 'under penalty of purgery' (unless it's a position w/ a govt. agency - that's pretty standard). So in most jurisdictions I know of, the employer could fire the person once they found out he lied. But if he worked up until termination my argument would be that he earned whatever wages they gave him between the application and termination. I don't know of any cases offhand that give the employer any right to sue/bring charges against someone under the conditions you described; nor do I know of any employer that would bother. Usually they just want to get rid of a liar. But if they lie to the government ... well, that's an entirely different story.

What action do they think the employer could take against the lying employee? If it's based on a contract / contract negotiations, and not an employment-at-will scenario, that might make a difference.

Keep in mind I am NOT offering legal advice to any particular person!