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Misrepresentation

 

Closely associated with falsification and concealment is the problem of misrepresentation. Employers who end up disappointed with new hires often end up feeling that the employees misrepresented their qualifications just to get hired. This can be a very difficult area for an employer, however. In order to prove misconduct in a "misrepresentation" case, an employer must show that the applicant actually had the intent to deceive the employer in some way as to qualifications or background for the job. Not every case in this area involves intent to deceive. Sometimes, an applicant misunderstands a question and answers what she thinks the employer is asking. That is not misconduct. Sometimes, an applicant claims to have expertise that the employer later determines is lacking. That may not always be misconduct. Job applicants are human, and most humans want to think the best about themselves. People sometimes delude themselves as to their true level of expertise. Scenario: the employer may want a secretary who is skilled enough with word processing software to help publish the firm's newsletter and product brochures. The applicant who is asked "do you feel comfortable with using a computer, and are you good with word processing?" may answer "yes" if they know how to do basic computer file management and compose letters on a word processor. Yet, the employer and the applicant have not connected on the question of expertise. Perhaps a better way to ask the question would be:

 

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