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HR Compliance

Employee Lied About Degree: What HR Should Do

Resume fraud is more common than most HR teams expect. Studies estimate that 30–40% of job applicants misrepresent their education in some way. When you discover the lie — whether during onboarding, a background check, or years into employment — the legal and operational stakes are real. Here is what to do.

· 9 min read

Key takeaway

The right response depends on when you discovered the fraud, the role, and the nature of the misrepresentation. Most at-will employers can terminate for resume fraud regardless of job performance — but you need to document everything before acting. A credential verification step at hiring prevents this situation entirely.

How common is education fraud on resumes

Education credentials are the second most commonly falsified section of a resume, after employment history. Common misrepresentations include:

  • Claiming a degree that was never earned (most serious)
  • Listing a degree as complete when the applicant did not finish
  • Fabricating or inflating the name of an institution
  • Listing a diploma mill as if it were an accredited university
  • Exaggerating GPA, honors, or dates of attendance

The frequency is higher for roles that require specific credentials — healthcare, education, engineering, finance — because applicants know those credentials are gatekeeping. The risk is also higher for roles that did not require pre-employment verification.

Immediate steps when you discover the lie

Do not confront the employee before taking these steps. The sequence matters.

1

Verify the misrepresentation independently

Before taking any action, confirm you have documentation of the claim and documentation that it is false. Pull the original application, resume, or any form where the credential was stated. Then verify against the actual institution's records — directly through the registrar, the National Student Clearinghouse, or a credential verification service. The employee's word is not evidence, but neither is a rumor or an HR colleague's recollection.

2

Review the employment agreement and offer letter

Check whether the role required the credential as a condition of employment. If the offer letter or job posting specified "Bachelor's degree required" and the employee listed one they don't have, you have a clear misrepresentation that goes to the core of the employment relationship. If the credential was listed on the resume but not formally required in the job description, the analysis is more nuanced.

3

Consult legal counsel before confronting the employee

Employment law varies by state. In most US jurisdictions, at-will employers can terminate for resume fraud regardless of performance history. But the timing, documentation, and any collective bargaining agreements all affect your exposure. If the role is regulated (nurse, physician, engineer, attorney), you may also have licensing board reporting obligations. Get legal advice before the conversation.

4

Document everything in writing

Create a written record of what you found, how you found it, and when. Include copies of the original application, the verification result, and any licensing or regulatory requirements for the role. This file protects you in the event of an unemployment claim, wrongful termination suit, or regulatory inquiry.

5

Conduct a fact-finding conversation with the employee

Give the employee an opportunity to respond to the specific discrepancy. Occasionally there is an innocent explanation — a clerical error in a transcript, a school name change, an administrative hold that was later cleared. More often, the employee will confirm or compound the misrepresentation. Document this conversation in writing immediately afterward.

Is degree fraud grounds for termination

In most cases, yes — but the answer depends on several factors:

Scenario Termination risk Notes
Degree required by role, employee never earned it High — likely terminable Core misrepresentation; legal counsel recommended
Credential required by license (nurse, CPA, attorney) Very high — likely terminable + reporting obligations May require licensing board notification
Degree listed on resume but not required by job posting Medium — fact-specific Still fraud; consult counsel on materiality
Diploma mill credential presented as accredited degree High — likely terminable Intentional misrepresentation; poor judgment signal
Inflated GPA or incorrect graduation year Lower — depends on role and magnitude May be addressable without termination

The overriding principle in most US states: if an employee made a material misrepresentation to obtain employment, and the employer would not have hired them had they known the truth, termination is generally defensible — even for long-tenured, high-performing employees. Performance history does not cure the original fraud.

What if you discovered it years after hire

This is where HR teams hesitate most. The employee has been with the company for five years, has excellent reviews, and is well-liked. Terminating feels disproportionate.

The legal answer is usually that tenure does not change the underlying facts. The employment relationship was entered into under fraudulent pretenses. At-will employers remain able to terminate for this reason regardless of how much time has passed.

The practical considerations are different. For long-tenured employees in non-regulated roles where the credential was not strictly required, some employers choose a middle path: a documented conversation, a performance improvement plan, or a title/compensation adjustment. This is not legally required and may create its own documentation problems — consult counsel before choosing this path.

For regulated roles — healthcare, finance, law, engineering — there is rarely a middle path. If the employee is practicing without the required credential, continued employment creates liability for the organization.

FCRA considerations if the lie was caught by background check

If a third-party background screening company discovered the discrepancy, the Fair Credit Reporting Act (FCRA) governs your response. You cannot simply terminate based on the report. You must follow the adverse action process:

  1. Pre-adverse action notice: Provide the employee with a copy of the background report and a summary of their FCRA rights before taking any adverse action. Give them a reasonable period (typically 5 business days) to dispute inaccuracies.
  2. Review any dispute: If the employee disputes the finding, the background screening company must re-investigate. You must wait for the result before acting.
  3. Adverse action notice: If you proceed with termination or non-hire, provide a formal adverse action notice with the name of the reporting agency and the employee's right to obtain a free copy of the report within 60 days.

Skipping the pre-adverse action notice is the most common FCRA violation in these situations. Class action suits for FCRA procedural violations have resulted in significant settlements — get the process right even when the underlying fraud is clear.

What about unemployment benefits

Employees terminated for resume fraud typically do not qualify for unemployment benefits. Most states consider termination for "misconduct connected to work" — which includes material misrepresentation on a job application — disqualifying. However, the burden is on the employer to demonstrate the fraud with documentation. This is another reason the fact-finding and documentation steps matter.

If the employee disputes the unemployment denial, you will need to provide the original application, the verification evidence, and a record of the fact-finding conversation. Unemployment hearings are informal, but they are adversarial. Come prepared.

How to prevent this from happening again

The most effective intervention is credential verification at the pre-offer stage, before the employment relationship is established. Once someone is employed, the cost of addressing fraud — legally, operationally, and reputationally — is far higher than the cost of a verification check upfront.

A reliable pre-hire education verification process includes:

  • Confirming the institution is real and accredited (not a diploma mill)
  • Verifying enrollment and graduation directly through the registrar or National Student Clearinghouse
  • Cross-referencing against known diploma mill databases
  • Verifying international credentials through recognized evaluation services (NACES members)

VerifyED covers the first step automatically. Search any school name against 912,000 institutions and 2,592 known diploma mills to confirm whether an institution is accredited and legitimate before you invest in full verification. For roles where credentials are material — any licensed profession, or any role explicitly requiring a degree — this check should be standard.

Check an institution now

Enter any school name or institution to instantly confirm accreditation status and check against 2,592 known diploma mills.

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