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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12193
Experience:  Significant experience in all areas of employment law.
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I was made a job offer from my former employer after

Customer Question

I was made a job offer from my former employer after 3-interviews. I'm filling out the online application for a background check. I don't think they have checked my HR records. I was fired for performance. What do I put on the application? During the interview, I stated I left for another company.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Under CA law, your former employer would break no law by revealing that you were let go because of your performance. They would not break any law even if they went into factual detail about your performance deficiencies. This noted, many employers have a standing policy to only confirm dates of employment in response to reference checks. So, your first step in deciding how to handle this situation should probably be to figure out exactly what your former employer will or will not say about you. This can be done simply by having a friend call as a prospective employer and ask for a reference.
If your former employer only confirms dates of employment, it may not be necessary to correct your previous statement and to just let your previous statement be. If they say something bad about you, then you really have a couple options. You could again not do anything to correct your prior statement at all, as your prior statement (that you "left for another company") is not necessarily inconsistent with the fact that you were let go from your last job. Being let go from your last job does not necessarily mean your new employer won't want to hire you, especially if the job for which you are being hired now is different in some way--your performance at the last job is not really indicative of how you will perform now if that's the case.
The other option would be to attempt to clarify the statement you made during the interview by sending a followup letter or email to the prospective employer. Typically, you would just want to let them know that your last job was not the right fit and you were let go, but that you have learned from the experience and you value your time there. You don't want to bash your former employer, which looks unprofessional. You probably don't even want to make excuses unless you have a very good one to offer. No apologizing and just trying to put a positive spin on it is the most professional way to deal with it. Sure, it would be better not to have to disclose that you were let go at all, but you were and there is nothing you can do to change that. All you can do is damage control and this is typically the best way to do it if you know your former employer is going to reveal what happened.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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