united-states employment texas
Can employers fire someone for &quot;lying&quot; on personality questionnaires?
<p>Many employers, typically those offering minimum wage jobs, have applicants fill out a personality quiz.  They usually probe whether the applicant believes stealing is justifiable, if they value their job above their own well-being, if their outlook on the world is bleak, and other personal questions.</p>

<p>It's generally accepted that you put in what the employer would value, and not your true values.  However, once employed, if you revealed in conversation your true beliefs, and they ran counter to what you wrote down, could this give the employer just cause in termination?</p>

<blockquote>
  <p>once employed, if you revealed in conversation your true beliefs, and
  they ran counter to what you wrote down, could this give the employer
  just cause in termination?</p>
</blockquote>

<p>Texas is by default an at-will employment. Thus, absent a contract establishing termination for <em>just cause</em>, the employee may be terminated for anything (except when that contravenes public policy) or even for no reason at all. But you specifically ask whether the employee's eventual disclosure constitutes <em>just cause</em>.</p>

<p>It depends on whether the employment contract specifies that "<em>the employee would be employed for so long as he satisfactorily performed his duties</em>". <a href="https://www.leagle.com/decision/1952414247sw2d1671377" rel="nofollow noreferrer"><em>Hardison v. A.H. Belo Corp.</em>, 247 S.W.2d 167 (1952)</a>. In that event, the sole discovery that employee lied about that at the interview is not evidence that the employer was dissatisfied with the employee's work performance. In a context of <em>termination for just cause</em>, <a href="https://www.leagle.com/decision/1958655315sw2d3401616" rel="nofollow noreferrer"><em>Porter v. United Models, Inc.</em>, 315 S.W.2d 340, 344 (2008)</a> states that</p>

<blockquote>
  <p>where performance is to be the satisfaction of one of the parties, his
  dissatisfaction must be founded on facts such as would induce action
  on the part of a reasonable man. He may not act arbitrarily or without
  reason in the matter, and the law will say that he is satisfied with
  that with which he ought to be satisfied.</p>
</blockquote>

<p>Ultimately, an employer seeks to be satisfied with the employee's <em>actual</em> work performance, rather than with a screening process aimed at <em>predicting</em> the person's work performance on the basis of the employee's personal values.</p>

<p>Strange as it may seem to people in the EU, there are places where an employer can fire an employee at any time for any reason (except for a small number of illegal reasons). So &quot;just cause&quot; is not required.</p>
<p>Since you can make mistakes filling out such a form, and since the correct answer will change over time, it would be very hard to prove that any discrepancy constitutes &quot;lying&quot;.</p>
<p>And as you say, &quot;it's generally accepted that you put in what the employer would value, and not your true values&quot;. For termination with cause, the employer would have to prove that he made it clear he wants &quot;true values&quot;. On the other hand, with privacy laws etc. But this is such private information, I find it very doubtful that in a civilised country, an employer would be allowed to keep records of such a test.</p>
<p>PS Stealing is justifiable in the right (or wrong) circumstances. It would be madness to value your job over your own well being. And a “personality” test like this can make your outlook on the world bleak. So it is ridiculous to assume anyone wants true answers; they would never get any employees.</p>

<p>In the US, an employer can fire an employee for any reason or no reason, with the exception of reasons that violate public policy (i.e. firing a whistleblower), just an employee can quit for any reason or no reason, without exception.</p>
<p><em>Will</em> an employer fire an employee who “lies” on a personality test?  First, it is hard to see where it come up.  “Would you rather do an unpleasant task early, to get it over with, or wait to the last minute?”  Is saying one rather than the other really lying?</p>
<p>Plus, someone who lies about his background — his previous employment, his education, and so on — is both not as qualified for the job as presented and of dubious moral character.  I don’t think an employer would come to the same conclusion about not answering a personality test with complete candor.</p>
<p>No one is stopping him though.</p>
