have done some counseling as part of her course work during the fall term of 1975 and/or winter term of 1976, it did not represent employment as a paid therapist for South Hills between September 1973 and October 1974, a reasonable inference from her resume and job application.
Regarding her work as a public relations director at the Quality Inn Motel, Ms. Mardell has admitted that she exaggerated her job responsibilities. She testified that her principal work was as a desk clerk, that her marketing concepts were never implemented, that she supervised other desk clerks only when the manager was not present, and that she did not handle the office budget.
To summarize, we find that on her resume and job application Ms. Mardell (1) misrepresented herself as being a college graduate, (2) misrepresented herself as having paid, professional experience in therapy and writing/interviewing when this experience was in fact for college course work, (3) misrepresented the dates she did her college field work at Mercy Hospital and South Hills, (4) falsified her reason for leaving her "job" at South Hills, and (5) exaggerated her employment responsibilities while working at the Quality Inn Motel.
3. Application of the Johnson test.
As stated above, Johnson requires that the misrepresentation or omission "was material, directly related to measuring a candidate for employment, and was relied upon by the employer in making the decision." Johnson, 955 F.2d at 414.
In his affidavit Mr. Mangum states that he made his decision to hire Ms. Mardell because he felt she was the best qualified of the candidates. In making his decision, Mr. Mangum considered that Ms. Mardell had a college degree as well as the professional experience listed on her resume and job application. He believed Ms. Mardell appeared to be a person of integrity and honesty. It is Mr. Mangum's philosophy to look for a pattern of success from a prospective employee, notwithstanding the previous fields of endeavor. Mr. Mangum does not believe that academic field work as a therapist and writer-interviewer qualifies as professional experience. The veracity of the information provided in an application for employment and/or resume is important to Mr. Mangum. Mr. Mangum declares he would not have hired Ms. Mardell had he been aware or become aware, prior to deciding to hire Ms. Mardell, that she had falsified and misrepresented on her resume and job application, as well as during his interview with Ms. Mardell, the fact that she had a college degree and employment of the type and duration listed.
Mr. Forloine was the other employee who participated in the decision to hire Ms. Mardell. Mr. Forloine relied on the same misrepresentations as did Mr. Mangum. Mr. Forloine states that integrity, honesty and reliability of employees were and remain three of the qualifications for a position at Harleysville. In his notes of his interview with Ms. Mardell, Mr. Forloine noted as a plus that Ms. Mardell had a college degree. Mr. Forloine declares that had he known before Mr. Mangum's decision to hire Ms. Mardell that Ms. Mardell had falsified and misrepresented on her job application and resume her degree status and a substantial portion of her other experience and qualifications, he would have strongly advised she not be hired.
Mr. Forloine was Ms. Mardell's direct supervisor when he became senior vice-president of marketing and sales and it was his decision to terminate Ms. Mardell in May 1988. Mr. Forloine states that had he become aware of Ms. Mardell's falsifications and fabrications during her employment, he would have immediately fired her. Mr. Forloine attests that this was consistent with Harleysville policy as stated on the job application form. Lastly, given what Harleysville now knows about Ms. Mardell's misrepresentations on her job application and resume, Mr. Forloine asserts that Harleysville would never employ her.
Thus, the uncontested affidavits of Messrs. Mangum and Forloine show that Harleysville relied on the misrepresentations presented in Ms. Mardell's resume and job application. Harleysville has also demonstrated that it uses past job experience for measuring a job candidate and considers honesty and integrity a qualification for employment. Lastly, Harleysville has shown that Ms. Mardell's resume and application fraud were such that Ms. Mardell would not have been hired had Harleysville known of the misrepresentations and that Ms. Mardell would have been terminated upon discovery of the misrepresentations. Ms. Mardell has not rebutted any statements of Harleysville that it would not have hired her had she truthfully completed the job application and not falsified her resume. Nor is there any evidence that Harleysville has failed to terminate an employee for misrepresentations as serious as hers.
We disagree that the misrepresentations do not meet the requisite level of severity. See, e.g., Dotson v. United States Postal Service, 977 F.2d 976 (6th Cir. 1992) (Having lied on his employment application concerning prior employment, state of health and use of prescription drugs, the plaintiff lacked the honesty and trustworthiness required of an United States Postal Service position); Milligan-Jensen v. Michigan Technological Univ., 975 F.2d 302 (6th Cir. 1992) (The fact that plaintiff omitted from her job application a DUI conviction rather than the conviction itself satisfied the materiality, relatedness, and employer reliance criteria); O'Driscoll v. Hercules, Inc., 745 F. Supp. 656 (D. Utah 1990) (That plaintiff misrepresented on her employment application her age, age of her children, year of high school graduation and the fact that she had never previously applied for work with the employer fulfilled the seriousness requirement of Summers and were not Simply misunderstandings.).
Potential employees who wish to present themselves in the best possible light might puff. Plaintiff went beyond simple puffery and lied about her education and job experience. As stated by a district court, "it would distort the purpose of these causes of action to allow a plaintiff to recover from an employer against whom the plaintiff had committed misconduct, such that, had the employer known of the misconduct, the employer would certainly have terminated the plaintiff." O'Driscoll, 745 F. Supp. at 660-661.
Accordingly, we find that no genuine issues of material of fact exist and Harleysville is entitled to judgment as a matter of law.
An order follows.
BARRON P. McCUNE
SENIOR UNITED STATES DISTRICT JUDGE
AND NOW, April 27, 1993, the motion for summary judgment filed by Harleysville Life Insurance Company is granted.
BARRON P. McCUNE
SENIOR UNITED STATES DISTRICT JUDGE