How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thoreau (T-USA) Your Own Question

Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Employment Law
Satisfied Customers: 9176
Experience:  Attorney
Type Your Employment Law Question Here...
Thoreau (T-USA) is online now
A new question is answered every 9 seconds

Should I tell a new employer I was fired from my last job?

Customer Question

Should I tell a new employer I was fired from my last job?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Thoreau (T-USA) replied 3 years ago.
Would it be possible for you to elaborate on your question a little?

Thanks!
Customer: replied 3 years ago.
OK. I was fired on Dec 1, 2010 for unknowingly violating a company policy. Company policy states "anytime an hourly employee is called in by management over and beyond normal work schedules, he/she will be eligible for 3 hours pay". I called two hourly associates in to work and completed their end of year reviews that took 15 minutes each but did not pay them 3 hours.
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription

I only get paid if you click Accept.



Thank you for your question!


Typically, if an employer asks an employee questions regarding prior employment, the employee must answer truthfully. If an employee responds to a potential employer's questions about prior employment in a dishonest fashion, the employer may later have a basis to terminate that employee if the employer finds out. That said, a potential hire doesn't typically have an obligation to volunteer negative information about prior employment and the employee typically need offer it only if asked.

That


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though accepts and bonuses are entirely at your discretion.


Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. Information provided here is for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 3 years ago.
OK I was able to figure this much out on my own research. So what would you do in my situation being that the odds of the hiring company may not seek to find out any way?
Expert:  Thoreau (T-USA) replied 3 years ago.
I'm sorry but, in your follow-up, you're asking for legal advice. Legal advice is beyond the scope of what can be provided here. On JustAnswer, we provide educational answers to information seeking questions. We cannot provide legal advice or legal services in this forum.
Customer: replied 3 years ago.
OK, let me ask the question from this perspective, can the hiring company legally ask the previous employer for this information or have legal access to retrieving this type information from available data basis like unemployment records etc?
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription


Unfortunately, nothing prevents a potential employer from inquiring as to a potential hire's reason for termination. A potential employer may make such an inquiry during a reference check and, as long as the former employer is honest, an employee wouldn't have a basis to sue the former employer. However, if a former employer makes a dishonest statement, the employee may have a basis to sue for defamation. That said, many employers are willing only to confirm position and dates of employment.

So, to answer your question, potential employers do have a way to verify an employee's honesty on his application, though some may not and some former employers may not cooperate.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. Information provided here is for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 3 years ago.
Does employers normally answer the question " if they will rehire that employee"?
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription



Different employers have different policies regarding that matter. In all honesty, some employers will even provide a reason for termination. However, many employers choose to say as little as possible to avoid potential liability.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. Information provided here is for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.