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I’m a business owner in Louisville, KY
and I’m performing a background check
on a potential employee. He has
provided me with a copy of his diploma
which I believe to be fake. Is there
any legal action I can take if it is
Asked on February 2, 2017 under Employment Labor Law, Kentucky
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If it turns out that it was fake, he committed fraud in order to be hired: that is, he misrepresented or lied about a material or important fact upon which you relied in giving him the job. That could potentially let you sue him to recover any costs or losses you incurred in hiring a person you would not otherwise have hired, like recruiting fees or training costs, but that might not be adequate compensation for the time you waste and sense of betrayal.
A better thing to do would be this: don't hire this person. Employment is employment at will. You don't have to hire anyone you don't want to hire. If you don't trust or have a bad feeling about this person, why bother verifying the diploma? Something about him is warning you off--trust your instincts and don't hire.