Q: I employ a worker who I believe misrepresented their educational background on their resume. Does this meet the threshold for “termination with cause?” A: The answer depends on whether you relied on the misrepresentation to hire the employee, and they knowingly falsified the information. What is termination with cause/just cause? “With cause” or “just cause” is the type of termination of employment that is initiated by an employer due to serious employment misconduct. This includes actions that violate the employment contract, misconduct that breaches
the trust between an employee and their employer, or misconduct that is inconsistent with the employee’s obligations to their employer such as acts of dishonesty, theft, fraud, violence, discrimination and/or harassment. A just cause termination means that the employee is not owed damages or other entitlements as a result of their termination. Recent legal jurisprudence (2026) The recent case of Tudor v. Accurate Screen Ltd demonstrates an example of when falsifying one’s resume can lead to a just cause termination. In that case, Matthew Tudor
began working for Accurate Screen (a fabrication and grating company that sells metal screens/grating products) in May 2023 as vice-president of business development. The company is based in Calgary, Alta., and has five other locations in Canada. He and David Hilsenteger, the company’s president, met several times regarding a project Tudor was working on. Tudor was asked about his skills with statistics and Excel. Then, on Jan. 10, 2024, Tudor received a letter that stated his employment was being terminated with cause. Tudor’s misrepresentation regarding
his education and qualifications were the reason for his termination. When Tudor submitted his resume to Accurate Screen, he did not have an undergraduate degree in business administration. However, his resume indicated his MBA studies were currently ongoing, and that he expected to receive that degree in November 2023. Additionally, despite representing that he would complete an MBA program, the court decision noted that Tudor was not enrolled in any MBA courses, he was not in the process of completing any related courses, and he
had not taken any MBA courses in the past. During cross-examination, Tudor explained that he indicated otherwise because he was “planning on enrolling,” and that it was Accurate Screen’s obligation to do a “deep dive” on his qualifications. In response, Hilsenteger stated that Accurate Screen would have refrained from interviewing Tudor had they known he was not in the process of completing an MBA program. Tudor argued that he was not acting in bad faith and it was an error of judgment as opposed to
dishonest conduct or fraud. However, the Hon. Justice Keith D. Yamauchi of the Court of King’s Bench of Alberta found that Tudor knowingly falsified information on his resume with the intention of deceiving Accurate Screen. He also stated that the employer did not need to do a deep dive as it was the employee’s duty not to falsify information. Justice Yamauchi stated that Accurate Screen was not alleging Tudor was fraudulent, rather, the company’s argument was that he was being dishonest. As a result, Justice
Yamauchi held that the company had proved just cause to dismiss Tudor and that he was not entitled to damages for wrongful dismissal. Key takeaways If you believe an employee has falsified degrees or other educational accomplishments on their resume, the first step would be to carefully review their job application, the original job posting they responded to, and their resume. Determine whether a specific degree was required for the job and ensure that this requirement was outlined in the job posting, and the employee
actually misrepresented the qualifications. You will need to meet with the employee to discuss your findings and provide them with an opportunity to explain any discrepancies to ensure this was not done inadvertently. If the employee simply lied on their resume, that is cause.
termination with cause, just cause, resume misrepresentation, wrongful dismissal, Alberta, Court of King’s Bench, MBA, Accurate Screen Ltd, Matthew Tudor, David Hilsenteger