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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12805
Experience:  B.A.; M.B.A.; J.D.
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I was recently terminated from my position due to the supervisor

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I was recently terminated from my position due to the supervisor noting unsatisfactory performance. I was given a week to week evaluation for a month. Each week I was given a different reason as to what errors or performance issues were not up to par and was let go. I have 30+ years experience in the human resources field. I relocated within the corporation to this affiliate with high references from my prior employer performing the same job classification. At the point of hire at this affiliate, the job position became regional and subtle changes were made including downsizing personnel. However, I was told, off the record, by a confidential employee within HR, I did not have the educational requirements of a degree to which the corporation is now requiring. My Question: How can I answer the question of why I was terminated or let go due to performance? What are prior employers able to legally disclose to perspective employers? Should I disclose that I was terminated due to performance issues on the initial application? Your advise is appreciated.
Submitted: 3 years ago.
Category: Legal
Expert:  Phillips Esq. replied 3 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: I was recently terminated from my position due to the supervisor noting unsatisfactory performance. I was given a week to week evaluation for a month. Each week I was given a different reason as to what errors or performance issues were not up to par and was let go. I have 30+ years experience in the human resources field. I relocated within the corporation to this affiliate with high references from my prior employer performing the same job classification. At the point of hire at this affiliate, the job position became regional and subtle changes were made including downsizing personnel. However, I was told, off the record, by a confidential employee within HR, I did not have the educational requirements of a degree to which the corporation is now requiring. My Question: How can I answer the question of why I was terminated or let go due to performance?

 

Response 1: Just tell the truth. The requirements of your job changed and you did not have the education qualification needed for the job.

 

What are prior employers able to legally disclose to perspective employers?

 

Response 2: The truth about your performance and termination. However, for fear of being sued, most employers would only confirm dates of employment, final salary, and other limited and non-harmless information. California law makes it illegal for former employers to give false or misleading information about their former employees, which has the intended result of making it impossible for those former employees to obtain future employment. See California Labor Code Section 1050.

 

Should I disclose that I was terminated due to performance issues on the initial application? Your advise is appreciated

 

Response 3: No, you do not have to be specific unless asked to provide the information.

 

 

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12805
Experience: B.A.; M.B.A.; J.D.
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