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"Released" same as fired? California California

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  • "Released" same as fired? California California

    Hello! I was unexpectedly "released" from a job where I was still in probation, and upon asking for the reason, was told that they (the employer) did not have to tell me because I was still in probation. I was never given any inkling that there was dissatisfaction with my work and in fact had a positive 6-month review. Legally, is being released from employment the same as being fired in this situation? I am asking because job applications ask if you have been fired and to explain why if the answer is yes. Thanks for your time!

  • #2
    To all intents and purposes, yes. You weren't laid off; there's no reasonable expectation that you will be returned to work. You weren't RIF'd - this wasn't part of a larger reduction in force. So yeah, it looks like you were fired.

    And they wouldn't have to tell you why even if you weren't still on probation. All they have to do is say, Evie, your services are no longer required. There's the door - don't let it hit you on the way out.
    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


    • #3
      I agree..bottom line ..it's the same thing.

      And while employer need not explain reasons , in CA they must allow you access to your personnel records and performance reviews ..read and cite CA labor code . 1198.5 ...I'm not sure that adds anything to your question ..just you have a right in CA to same.

      In an at will situation...your work can be superior....and you get the door..so be it...

      You didn't question any foul play ..and no reason to go there.

      Don't confuse " fired " as meaning you were let go for some bad performance or behavior reason

      As to application..provide correct answer ..and if questioned, which I might expect.or seems required in your post about application ..provide a nice clean short honest answer..not a long story...

      Comment


      • #4
        And what do you think she's going to find in her personnel records that will change anything?
        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


        • #5
          Go ahead & file for unemployment ins. The state will decide if you meet all the requirements to receive it.
          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.

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          • #6
            Originally posted by Raster View Post
            Don't confuse " fired " as meaning you were let go for some bad performance or behavior reason
            Fired usually does have a bad connotation. It is terminated that could be either voluntary or involuntary.

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            • #7
              Agree with HRinMA = that is generally the case.
              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


              • #8
                Hi, everyone, thank you for your responses.

                The one application I am currently filling out does use the word "fired," so I think we're all in agreement that I will have to answer affirmatively. As for the reason, well, this is where it gets a little tricky. I doubt my personnel records will reveal anything (by company regulation, employees must be given a copy of anything negative that is placed in their files - obviously, I didn't receive anything). If I was sabotaged by another employee, there's no way of knowing. I honestly cannot think of anything that I could have done wrong.

                On an application, would you suggest I put down "released" or "involuntary termination" as the reason for leaving? Saying "I don't know the reason I was let go" during an interview seems pretty weak. But I really don't know how else to word it. If anyone has any helpful advice, I'd appreciate it Feel free to PM me if you wish.

                Again, thank you for your time.

                Comment


                • #9
                  Honesty is the best policy. You were fired/let go/released/involuntarily termed/pick one, it doesn't really matter, and you were not given the reason why.
                  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

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