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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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May I ask your advice. In my profession background checks are

This answer was rated:

May I ask your advice. In my profession background checks are conducted after an offer has been accepted.

The story is that I was fired from my last job because I refused to lie to my staff about a situation. During the meeting I told them that I have not been happy about the situation and also may career track has not been going the right direction. I also told them that this will work as I have some serious childcare issue this summer and now I can concentrate 100% on my career search. Upon my departure an email was sent out as following "XXXXX has left XXXX to pursue other opportunities. We wish him the best." Nobody besides HR and my ex boss knows I was terminated, and I am sure this will not leak out.

I have been able to successfully explain to two new employers, that I left without a new job, because I wanted to concentrate 100% on my job search. Of course I did not mention being terminated. I also provided them with references which one called and was very happy about.

The chances are that I will get an offer soon, only thing I am concerned about is the background check which is done usually by a third party. I know besides criminal check and credit check, they also preform job validation. Which is usually, dates worked, salary and tittle. I also know they may ask if the employee is eligible for rehire, and this is what I am scared of.

Any advice how to handle it?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Is your employer likely to make false statements of fact about you in disclosing the reason for you termination (or if you aren't eligible for rehire) or are you worried about them giving an accurate explanation for your departure?
Customer: replied 4 years ago.

I really doubt they would give any reasoning as it exposes them to potential law suits.



Do you know third party companies ask if you are illegible for rehire or terminated

Third party companies would very rarely ask if you were ineligible for rehire or not. They may ask whether you were terminated or not, but most employers get around this by just giving the dates of your employment.

Unfortunately, if they do request this information, it would not be illegal for your employer to inform them about your termination and that you are ineligible for rehire, although you were unjustly terminated for refusing to lie about a situation.
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Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

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Thanks again and best of luck,