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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12928
Experience:  Significant experience in all areas of employment law.
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Hi there. Sorry this is a semi long and complex question

Resolved Question:

Hi there. Sorry this is a semi long and complex question, please read all of the following so i can accept the first answer (I've had plenty just skin the question and leave crappy answers) About 6 months ago, there was a big shake up at my company, a major top 10 IT company, We got new management in and lost our entire chain of command. they started asking people to resign, or be fired for performance and told since its in CA, theres nothing you can do, many folks did this and in my opinion, that's dumb - they walked away from all EDD benefits and stock etc. I made them fire me and give me about 20k to leave. They use a rating system, at times 1-5. i went from an always 3 to a 1 pretty much over night when we got our new manager....i kept all my paper work pretty much sowing it was BS, my firing reason was sitting to low in my chair, and saying dude to much....pretty much a reach. At any rate, when all was said and done, 500-1k ppl were gone. I was told by HR and some management there's nothing you can do and look at it as a back door layoff (which it was) Thats the back ground - heres my question. I'm at a new job, and need to clear the a secret or top secret background clearance where they ask about this stuff. I've asked the former company what the goverment can find out and they told me only the same thing as any other company, date hired, date left, salary - period. They would need a supina to get anywhere, and say what i like. Witht aht said, i don't want to lie, but saying i was fired seems more of a lie since it was a lie on my former employers part, they were just taking what hey thought was an easy route. This also ended up with multiple class action lawsuits, some of which i was apart to for unfair treatment of workers, all settled out of court. What is the best way to navigate this? I feel if i say i was fired, its just as much of a lie as anything else -
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Since it appears that you were part of a massive reduction in force, it would not be misleading to describe it in exactly such a manner. You don't, however, want it to come out that you lied about the circumstances of your departure several months after beginning employment at your new company.

I think it's most likely safe to state that you were let go as part of a corporate re-organization. If they press the issue, you can can state that the decision was based on a subjective assessment of performance, but that you were not fired for misconduct. I can't think of many employers who would look upon you poorly for that response, and you don't risk saying something that could later be discovered to be untrue.

I hope that this information helps you in deciding what to do. Bear in mind that the above does not constitute legal advice, nor is any attorney-client relationship created between us.

If my answer has been helpful to you, please click on the GREEN ACCEPT button directly above. I will not get credit for assisting you or receive payment for my work unless you do this. Your question will not close after you click "accept," and you will still be able to ask follow-up questions if necessary.

The only facts I know about your situation are the ones that you tell me, so please try to be specific and bear in mind that, occasionally, miscommunications will occur. I will do everything I can to clarify my answer if I have misunderstood your question. Also bear in mind that the law does not always read how we think it should. I ask that you be understanding if an opinion I have provided is not consistent with what you wanted to hear.

Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.
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