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Labor & Employment

Misrepresentation of Qualifications

A new hire's degree turns out not to exist, a contractor's license had lapsed, or someone presented themselves as a certified professional when they were not. Misrepresentation of qualifications is a common problem, and the response depends on who relied on the claim and what was lost.

Reviewed

01 GUIDE

Misrepresentation of Qualifications: what usually happens

Situations where this comes up

Employers discover false credentials through background checks, internal reviews, or a mistake that reveals a gap in training. Clients learn that a tax preparer, contractor, or consultant lacked the license or certification they claimed. In the other direction, an employee may be accused of misstating qualifications after a separate dispute begins, sometimes as leverage. Licensed professions often prohibit holding oneself out as licensed without a license, and some forms of credential fraud can be criminal. In employment disputes, a résumé falsification discovered later can limit what an employee may recover, but it does not usually erase every claim.

Evidence on both sides

Keep the application, résumé, offer letter, and any forms where the qualification was stated, along with the job description or contract showing why it mattered. Verification records from schools, licensing boards, or background check providers help establish what was true. Background checks are governed by federal and New York rules on notice and consent, so how the information was obtained matters as well. If you are the person accused, gather what supports your account, such as transcripts or license history, and do not alter documents that are already in circulation. Preserve communications about the issue rather than deleting them.

Choosing a proportionate response

For employers, the question is usually whether to end the relationship, how to document the reason, and whether any claim for losses is realistic. Clients of a professional who lacked credentials may have a civil claim, a complaint to a licensing body, or both. If you are the one accused, we look at whether the claim is accurate, whether it is being raised to deflect from another dispute, and what it could mean for your career. Our first conversation sorts out the facts, what reliance actually occurred, and which remedy fits the harm.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 HOW WE WORK

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04 OFFICES

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Attorney Advertising. This page is general information about misrepresentation of qualifications and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.