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A person applies for a job at the XYZ company. The XYZ company is a private company. As part of applying he fills out an application and signs it under penalty of perjury. The application has several lies in it. Can he be criminal prosecuted for perjury? If his signature had been notarized after he signed it, would that effect the answer?

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Bob
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4 Answers4

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A "penalty of perjury" statement includes not just the warning about penalty of perjury, the person signing avows that the statements are true to the best of their knowledge. If you lie on such a statement, and if the "penalty of perjury" statement is legally allowed (typically, mandated), then the person can be prosecuted. However, XYZ cannot arbitrarily inject the risk of perjury, that requires some legal authorization. An example would be if XYZ is employing the person under a Defense Department contract that requires a sworn statement. The federal perjury statute characterises this as being when "a law of the United States authorizes an oath to be administered". The only effect of notarization is that it decreases the probability that the person could effectively argue "I never even signed this statement, that's a forgery".

nitsua60
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user6726
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    I was thinking that the XYZ company just had the statement put in to discourage applicants from lying. That is, there is no government requirement that the application be signed uner penalty of perjury. Perhaps it was added on the whim of a CEO who does not have a legal background. – Bob May 26 '23 at 01:51
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    In terms of terminology a statement made under penalty of perjury without a notarization is called a "declaration" while a statement made under penalty of perjury before a notary who has administered (or is supposed to have administered) an oath that signing it means it is true is called an "affidavit." A notarization of something that isn't inherently true or false confirming that you personally signed something to authorize it is called an "acknowledgement". – ohwilleke May 26 '23 at 02:31
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    The important point about notarization is that the notary has no responsibility regarding the facts on the statement, they're only responsible for confirming that the signature belongs to the person who signed it. – Barmar May 26 '23 at 13:50
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    @Bob, if an employer put a statement in a contract about "perjury" without any legal standing behind it, that would be a red flag to not sign the document. They obviously haven't had legal counsel look at it, or, if they did, they ignored the advice of legal counsel which means they are likely to ignore legal counsel in other areas as well as advice in pretty much any other matter. This spells pure danger to anyone working for them. TLDR: run, don't walk, away from this. – computercarguy May 26 '23 at 17:56
  • "A *declaration* under penalty of perjury typically follows such language: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.”" - aw hell naw. Make myself liable for something you said and not something I typed? A signed affidavit? No. Never. Not unless you're going to pay me $200k a year. – Mazura May 26 '23 at 22:08
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It won't be perjury, but (with or without the "under penalty of perjury" phrase) it will be fraud.

Martin Bonner supports Monica
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No

Perjury is making a false statement in connection with a judicial proceeding.

You could be asked to sign a Statutory Declaration

Anyone can ask you to sign one of those although it will usually be a state one rather than the Federal one linked to.

Lying on one of those is a criminal offence that carries serious gaol time.

Of course, lying on a job application is technically fraud

Whether you get prosecuted depends on how big the lie is. Run of the mill padding is unlikely to get you in trouble. Saying you’re a surgeon when you aren’t likely will (it has happened).

Dale M
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    In April, Australia introduced a bill restricting medical practioners from calling themselves surgeons: https://www.legislation.qld.gov.au/view/html/bill.first/bill-2023-008 . In the near future, surgeon may become a protected title. – Brian May 26 '23 at 18:46
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    @Brian Australia hasn’t, Queensland has. QLD has had real a problem in their public hospital system of giving jobs to unqualified people. So, instead of providing adequate resources and training to their staff to prevent it, they’re just going to criminalise it. Its cheaper and it wont work. – Dale M May 27 '23 at 23:14
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In Engilsh law, the term 'Perjury' holds a very specific meaning, to wit lying in a legal proceeding where you are under oath to tell the truth.

Perjury Act (1911)

If any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he shall be guilty of perjury

...

The expression “judicial proceeding” includes a proceeding before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath.

So no, your actions do not meet the legal requirement for perjury unless your individual has been lawfully sworn as a witness.

Richard
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