Heloisa de Alencar
Lawyer at Marcos Martins Advogados
Known to the majority of the population, the CV is the document that contains biographical data and data relating to a person’s training, knowledge and professional background.
Its purpose is to inform the prospective new employer of the qualifications of their potential new employee, and so many people who write them end up omitting information and even adding qualifications they never had.
A survey carried out by outplacement consultancy DNA Outplacement showed that around 75% of Brazilians lie on their CVs.
But what are the consequences of lying on a CV?
An employee who has given false information on their CV can be dismissed for just cause, because one of the key elements of the employment relationship is the trust that the employer places in their employee.
As provided for in the Consolidation of Labor Laws, if this bond is broken through false information, the employee can be dismissed for just cause.
When drawing up the CV, the applicant for the job in question provides information that is intended to meet the requirements of the job, and by lying, they are demonstrating obvious bad faith, since if they are hired, they are consequently taking the job away from someone who really would have sufficient qualifications to carry out the duties of the job.
In this way, any dishonest action or omission on the part of the employee that ends up defrauding the selection process, abusing the employer’s trust through bad faith in order to gain an advantage for themselves or others, can be penalized with dismissal for just cause.
It is true that the employee must consider the seriousness of the alteration when applying this penalty, since dismissal for just cause is the most serious punitive measure in the employment relationship.
In other words, was the information omitted or added to the CV extremely relevant to hiring the employee? This highlights some skill or knowledge that was required for the position and it was later found that the employee did not have it.
However, it is important to note that just cause based on a crime of ideological falsehood can only be applied after the decision convicting the employee in the criminal sphere has become final and unappealable.
In any case, it is highly recommended that companies seek legal advice when making decisions of this nature.
Questions? Talk to our lawyers and get advice.
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