Not Providing Essential Information

In most cases, a person's failure to provide information to an employer during the hiring process will not amount to a misrepresentation in law. This is due to the fact that courts historically have taken the position that an individual is not legally required to bring information to the attention of the employer where that information has not been requested.

In the case of very senior management and executive employees, it is possible that a court may conclude that they have a positive duty to advise the employer of information which may affect their decision to hire the individual. The law in the area of fiduciary duties of senior executives is ever changing in the field of employment law.

Should you require legal assistance, please email us at lawyers@grosman.com

...back to Employment Law Index