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Legal action

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 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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