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What questions can an former employer give the answer too California

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  • What questions can an former employer give the answer too California

    I was let go of my job and I was wondering what questions my former employer could answer. I was under the impression that they can only give the amount I was paid and the dates I worked. Can they give the reason I was let go? If they do what options do I have. I have been out of work for over a year now and I think they have been giving that info out. Who wants to hire someone who has been fired? Thanks in advance!

  • #2
    They can tell the truth. If you were fired, you need to address that at your interview, before they hear it from your former boss.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      Originally posted by trulyblssd View Post
      I was let go of my job and I was wondering what questions my former employer could answer. I was under the impression that they can only give the amount I was paid and the dates I worked. Can they give the reason I was let go? If they do what options do I have. I have been out of work for over a year now and I think they have been giving that info out. Who wants to hire someone who has been fired? Thanks in advance!
      You were informed wrong. However many companies employ this policy to avoid law suits. they may say anything trutheful or they believe to be truthful. Example if you were fired for "suspected" theft then they could say that.
      http://www.parentnook.com/forum/

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      • #4
        The former employer may not be your problem, but since you are concerned you it would be good to find out. If they are telling potential employers things that are derogatory, you need to know what they are saying so you know how to counter it. If they are saying nothing that hurts you, you need to know so you can stop worrying about it. Have a friend who can speak well call the former employer posing as a perspective employer and ask a few questions about your performance and why you were terminated.

        And, actually, a lot of people hire people who have been fired. Otherwise, each person would only ever be fired once. The key is knowing how to present the termination, which depends on the circumstances and how others will describe the situation when asked.
        Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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        • #5
          Agreed. Worse the employer can legally make any statement they believe is true. You can honestly believe that you were a great employee, but if the employer honestly believes that you were a bad employee, then legally they are allowed to say so. In law, this is called "Absence of Malice". There was a fairly good movie some years ago that discussed that concept at length.

          Some employers choose to say little or nothing. Legally this is their choice, although there have been court cases were the former employer got legally hammered for keeping their mouth shut. This is much more likely where the former employer knows their silence is dangerous. Say a long haul truck driver fired for driving drunk. The next employer could at least try to hold the former silent employer liable for actual damages that the silence caused.

          The one thing an employer cannot do with references is lie. If an employer gets caught lying, bad things can in theory happen to them. However, this is just general libel/slander/defamation law, not something specific to employers.

          http://en.wikipedia.org/wiki/Slander
          Last edited by DAW; 07-02-2010, 01:54 PM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            May I ask a question?

            Are you getting called for interviews and then not getting the job? Or are you not getting called for interviews?

            There's a reason I'm asking.
            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.

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            • #7
              Not getting the job, but getting interviews.

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              • #8
                Has anyone told you that you were denied job to due something your former employer said?
                http://www.parentnook.com/forum/

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                • #9
                  No I haven't heard anything.

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                  • #10
                    Then how do you know it has anythng to do with your former employer? Millions of people are out of work. Its likely hundreds of people are applying for and interviewing for same job(s)
                    http://www.parentnook.com/forum/

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                    • #11
                      Agreed. Past that, checking references cost time (and indirectly money). We are in a down economy now. If someone posts a job, they will get 50-100 applications. Maybe more. They will want to actually interview 3-5 people tops, normally. Meaning that someone will take a quick pass through the huge pile of applications and most will end up in a "do not interview" pile almost immediately. Then the dozen or so that made the first cut will have someone spend more time reading them and thinking about them. The remaining 3-5 applications will then be referred to HR to have interviews scheduled. Only people who look good after the first round of interviews (or later) will have their references checked. There just is no reason for an employer to talk to former employers of people who have not even been interviewed. I am not saying that there could not be some employer somewhere who handles this differently, but my last 4 employers did things just the way I said. And from what other people have said, this approach is very common. In bad times, employers are simply buried in applications, often not related to a specific job. They just do not waste time verifying applicants who are not closed to being hired.

                      Obvious exceptions might be people who need to pass a specific test to even be considered. Maybe security, teachers, child care.
                      Last edited by DAW; 07-03-2010, 08:27 AM.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

                      Comment


                      • #12
                        Agree with DAW. Whenever I post I get at least 100 resume/applications. After screening the qualified ones (hours of work) I interview 2-3 at the most. Only after that do I check references. I am the only HR person for a 200 employee company.
                        Don't blame your former employer, blame the economy.
                        Just be honest as to why you were fired, becuase the truth always comes out!

                        Comment


                        • #13
                          Originally posted by angel_28 View Post
                          Just be honest as to why you were fired, becuase the truth always comes out!
                          I would put a caveat on this. Yes, be honest. But, there is no need to provide them with all details. In fact, the truth does not always come out since many companies have policies against providing information about former employees. That is why, if you have some concerns, you should have a friend check your former employer as I posted earlier, to find out what they actually will say. There are many firing situations, in which if the details are provided, the person will never be hired again by anyone. In a court of law you are not required to provide evidence to convict yourself; in an employment interview you shouldn't either.

                          For example, lets say you were fired for entering your boss's office after hours and searching his/her desk. You check and find out that the company responds to an inquiry by stating that you were fired for violation of a company policy. When you interview, you tell the interviewer that you were fired for violating company policy. The interviewer will probably ask what you did. You respond that both you and the company feel that the details should be kept private, so you do not feel comfortable providing more information about the situation. Many will accept that, check with the company and get the same answer. Some will consider you evasive and not hire you based on that -- but they are among the same ones who would not hire you if they had the details anyway.
                          Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

                          Comment


                          • #14
                            In the 1980s I worked for a rather strange company with a lot of problems. One of the many problems was that we had an actual prostitution ring being run inside the company. We had 2nd shift hourly employees literally engaging in such services on the premises during work hours (when they were supposed to be working). Both the clients and providers were company employees. It was the sort of thing that people who worked days heard about, but maybe assumed someone was telling tall tales. One tall tale among the many, so to speak. We had a new HR manager who came in after hours and caught a bunch of people in the act. Those who literally had their pants down were fired (one of whom sued us for wrongful termination). Those who did not have their pants down put were in the immeadiate area got unpaid suspensions. The 2nd shift senior supervisor who was not in the immediate area and who claimed ignorance was also fired. The thinking was if he did not know that a dozen of the employees he was supposed to supervising could repeatedly do this without him knowing, then he was useless as a supervisor. But the general thinking was that he was actually functioning as a pimp, running interference and getting a cut of earnings. Either way, the company wanted him gone. He also sued us for wrongful termination. The company refused to settle either suit and both parties eventually through in the towel on their lawsuits. About a year letter a rumor started that one of female parties in these events had AIDS. We had a 1,000 hourly workers at that plant and a good 200 of them were up in HR the next day in panic mode. The company ended up paying for special AIDS testing for anyone who wanted it.

                            Interesting times. Every employer I have worked for since has been seriously boring in comparison.

                            There is no possibility what so ever that the company every told any third party what happened. If nothing else, the company would have (and should have) looked like an complete idiot. Sometimes the employer has their reasons for what they do or do not say.
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

                            Comment


                            • #15
                              DAW, have you consdered writing a book? I am serious...I am currently working on one myself (not HR related) but a book discussing the experiences I had during mytime driving a cab.

                              You have some great experiences! Time to share them with the world!
                              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

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