If an employee made misrepresentations during the pre-employment process, termination for just cause may be an option, depending on the circumstances. However, deciding whether this is the appropriate course of action requires careful consideration of both the severity of the misrepresentation and the overall impact it has on the employment relationship.
When an employer seeks to terminate an employee for just cause based on preemployment misrepresentations, the burden of proof lies with the employer. The employer must demonstrate that the misrepresentations were indeed false. Proving the falsity of certain misrepresentations can vary in difficulty. For example, showing that an employee lied about their credentials or work history may be straightforward because these details can be typically confirmed through public records, reference checks or professional certifications. On the other hand, proving that an employee misrepresented their connections and industry contacts can be much
