Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

tricky job application questions how do I answer? Washington

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • tricky job application questions how do I answer? Washington

    I am thinking about changing jobs and one of the questions on the application was "Have you ever been disciplined for attendance issues?".
    I currently have a grievance pending against my current employer for a wrongful discipline because he claims that I failed to call in the day prior before taking a couple of hours off for an appointment. I did make the call and showed them the record on their own phone. I was given approval and made arrangements with my coworkers so they would be aware of the situation. However my employer ignored the evidence and disciplined me anyway.
    So how do I answer this question? What if it costs me the job?

  • #2
    Originally posted by lawlemming View Post
    I am thinking about changing jobs and one of the questions on the application was "Have you ever been disciplined for attendance issues?".
    I currently have a grievance pending against my current employer for a wrongful discipline because he claims that I failed to call in the day prior before taking a couple of hours off for an appointment. I did make the call and showed them the record on their own phone. I was given approval and made arrangements with my coworkers so they would be aware of the situation. However my employer ignored the evidence and disciplined me anyway.
    So how do I answer this question? What if it costs me the job?
    Honestly! That is how you always answer ANY question. If the employer to be finds out you were deceditful later...you'll likely be terminated!
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      Agree, just tell the truth - never lie on a job application.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Thank you for your input. It's a little scary that someone that you work for can make false statements about you and possibly cost you the opportunity to get a better job. It seems that every time I participate on a bargaining team or represent someone I get retaliated against. I have a couple of grievances pending now but I feel that I may see opportunities pass me by while I'm trying to clear this up. Employers don't like drama and neither do I. Which is partly why I want to move on.

        Comment


        • #5
          What can be legally shared?

          I have recently been told that there is some law that limits what an employer or former employer can share with a potential employer when they are contacted by them. I don't know if it is a state or federal law. Is this true?
          Also if lies are spoken (and I can prove it) to a potential employer by my current employer, would that be outside what is considered a "protected communication" where a manager can lie about you within the company and it not be slander?

          Comment


          • #6
            A former employer can legally make any statements about a former employee that they believe to be the truth.

            Regarding slander/libel/defamation laws, please read the following cited article. The actual laws do not have much relation to what you are talking about. First slander/libel/defamation are generic laws (not employment specific). There is no such thing as a "protected communication". This is an oversimplication but for slander/libel/defamation to occur, the party making the statement must knowing make a false statement, and the party being damaged by the knowingly made false statement has to be able to prove actual damages as a result of the statement.
            http://en.wikipedia.org/wiki/Slander

            A good example is the Absence of Malice movie. In that one person's live was basically destroyed and another person killed themselves based on false statements published by the newspaper. The key here was that the newspaper did not know the statements were false when they were published. The newspaper correctly reported information given to them by a third party with an axe to grind. Because the newspaper was "absence of malice", they were legally not guilty of libel even though the "facts" as published were not only incorrectly, but maliciously incorrect (just not the newspaper's malice).

            Another rather interesting variation was the QB VII movie (British law). In that movie, the much tougher British libel laws were violated. The person being sued was unable to hard support their claim that the other party was a war criminal, largely because supporting evidence was not admissible. The person bringing the lawsuit was able to prove that they were seriously damaged by the claims. The court awarded the plaintiff one pound in damages. Since this was apparently based on a true story, a rather interesting result. American rules are a big different but even if someone "wins", they still need to prove actual damages. And damages to ones reputation are historically very hard to assign a monetary value in a way that everyone agrees on.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              It is not true, at either the state or Federal level. It is widely believed, but it is not true regardless. The only limits that exist are that the information provided must be true or the employer's honest opinion; that it cannot be provided in a way that is misleading or malicious; and cannot include any medical information that the employer may have available.

              There needs to be a clear distinction between what is lying, and what is opinion that you disagree with. "lawlemming was fired for stealing" is a lie, unless lawlemming WAS fired for stealing. You would very likely have legal recourse if that was stated. "lawlemming did a poor job on the Monroe account" is an opinion, and you cannot sue for opinion, even if you disagree and even if the Monroes disagree. (In which case, I would suggest you ask the Monroes to provide a reference.)
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                I guess I will have to wait and see what he does. This manager has already made demonstrably false statements to try to get me removed from the bargaining team or representing other union members. But what concerns me most is this. I met one of the his secretaries shortly before she was to retire and she was crying. She told me that this manager told her she would "never work in this town again". Now I'm on his s*** list. How can I protect myself?

                Comment


                • #9
                  Washington - An employer who discloses information about a former or current
                  employee to a prospective employer or employment agency upon request is presumed
                  to be acting in good faith and is immune from civil and criminal liability if the disclosed
                  information relates to the employee's ability to perform his or her job; the diligence
                  with which the employee carries out the job duties; or any illegal or wrongful act of
                  the employee when related to his or her job duties. The employer should retain a written record of the identity of the entity or person to which the information is
                  disclosed for a period of two years. The record must become part of the employee's
                  personnel file and is subject to review by the employee under Washington's
                  personnel file law. There is no law requiring employers to give references except that
                  on request of a discharged employee, an employer must furnish within 10 working
                  days a signed statement setting forth the reasons for such discharge.

                  Employers who willfully and maliciously notify a prospective employer of derogatory
                  facts about a former employee conceivably could be subject to prosecution under
                  the statute that makes "blacklisting" a misdemeanor, although no prosecutions
                  under that statute have been recorded for over 80 years.

                  Personnel file law: Wash. Rev. Code 49.12.250; Statement on discharge: Wash.
                  Admin. Code 296-126-050(3); "Blacklisting": Wash. Rev. Code 49.44.010;
                  References: Wash. Rev. Code 4.24.730

                  Applies to all employers.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    A bit off topic, but what a terrible question to have on an application. It opens the door to possible disability discrimination for attendance issues....

                    Comment


                    • #11
                      I don't like that question either. Some applications do list the attendance
                      requirements & ask if the applicant can meet them.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        Agreed. I don't have a problem with asking about previous discipline but it should start general and work its way to specific instead of the other way around.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X