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 AttorneyTom Your Own Question
AttorneyTom
AttorneyTom, Lawyer
Category: Employment Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Employment Law Question Here...
AttorneyTom 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: 6 years ago.
Category: Employment Law
Expert:  AttorneyTom replied 6 years ago.
Would it be possible for you to elaborate on your question a little?

Thanks!
Customer: replied 6 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:  AttorneyTom replied 6 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 6 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:  AttorneyTom replied 6 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 6 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:  AttorneyTom replied 6 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 6 years ago.
Does employers normally answer the question " if they will rehire that employee"?
Expert:  AttorneyTom replied 6 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).

Related Employment Law Questions