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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21928
Experience:  20 years of experience practicing law.
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Hi, I was recently terminated from my last professional

Resolved Question:

Hi,

I was recently terminated from my last professional job for reasons other than performance, my question is how can I legally avoid my potential employes finding out about it through background check?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Was the reason you were terminated for a criminal reason? Were there criminal charges, an arrest and fingerprints in this matter, if that is case?
Customer: replied 1 year ago.

No it was actually very stupid, I told a potential candidate for a job I had open not to contact HR, until I find out why she wasn't hired

Expert:  Samuel II replied 1 year ago.
Hello

Welcome and thank you for your question

Thank you.

Unless you were terminated because of a crime where your fingerprints were taken, there will be no record of such employment termination on your background check.

Customer: replied 1 year ago.

my question is I am in the final process of securing a new position. I am sure they will do a background check on me. If they call my last employer I am afraid they will ask if I was terminated. Can I state that they can not contact them?

Expert:  Samuel II replied 1 year ago.
Hello

I see. Thank you for that clarification

You may request they do not contact your prior employer. I suggest you can state that there were differences that you could not come to terms on and that there was a mutual parting of the ways but you are concerned that you do not know what they will say

Keep in mind, that when your former employer is contacted, they are only supposed to verify information such as dates of employment, if you were an employee who arrived on time - those sorts of things. The employer should not be volunteering any information to another potential employer.
Customer: replied 1 year ago.

This makes sense, but if the background check company asked if I was terminated they can say I was, correct? That is what I am afraid of.

Expert:  Samuel II replied 1 year ago.
Hello

The background company can ask - why you left. That is correct.
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21928
Experience: 20 years of experience practicing law.
Samuel II and 9 other Employment Law Specialists are ready to help you

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