An employer's statement that is not false,but creates a false impression can create liability for misrepresentation.

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For misrepresentation, the statement does not actually need to be a false statement, it need merely to create a false impression. However, for fraud, an applicant would need to prove an intent to deceive at the time the statement was made. Employers should be aware that liability for misrepresentation attaches even where an employer is aware that the applicant is under a mistaken belief about a position or company; an employer's silence may constitute misrepresentation.

An Employer's Statement That Is Not False,but Creates a False