We’ve all been there . . . in the hot box for referring a resume with falsified information. Resume fraud is now, and probably always has been, a problem of epidemic proportions. It’s one of the major reasons for Errors and Omissions Insurance. Courts are increasingly holding you responsible for the sins of your candidates and the promotional term “Pre-screened candidates” has been taken to mean that your candidates have been reference-checked and are precisely as they are presented.
The very nature of a resume is hyperbole and no one believes that resumes aren’t written to hide, disguise or omit candidate warts. But, you should protect yourself against any legal ramifications and put employers on notice that you don’t intend to bear the blame when an imposter slips through.
We recommend that each resume be stamped or labeled with the following statement:
This resume contains information furnished by the candidate, and has not been independently verified by _______________.
You can also use similar wording in cover letters to clients, but since they can be separated from the resumes or lost, a statement on the resume itself is preferable.
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More legalistic words can be used, but the key is to place the client on notice that you are not warranting the information while not implying that it’s false.
We urge you to adopt this procedure, since the trend is to hold recruiters liable for negligent and intentional misrepresentations.
Jeff Allen, J.D., C.P.C. may be reached at: Law Offices of Jeffrey G. Allen, 9601 Wilshire Blvd., Suite 1400, Beverly Hills, CA 90210, (310) 559-6000.