Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

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: 7 years ago.Category: Employment Law
Ask Your Own Employment Law Question
Answered in 1 minute by:
1/10/2011
Employment Lawyer: AttorneyTom, Lawyer replied 7 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Employment Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
Would it be possible for you to elaborate on your question a little?

Thanks!
Ask Your Own Employment Law Question
Customer reply replied 7 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.
Employment Lawyer: AttorneyTom, Lawyer replied 7 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).

Ask Your Own Employment Law Question
Customer reply replied 7 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?
Employment Lawyer: AttorneyTom, Lawyer replied 7 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.
Ask Your Own Employment Law Question
Customer reply replied 7 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?
Employment Lawyer: AttorneyTom, Lawyer replied 7 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).

Ask Your Own Employment Law Question
Customer reply replied 7 years ago
Does employers normally answer the question " if they will rehire that employee"?
Employment Lawyer: AttorneyTom, Lawyer replied 7 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).

Ask Your Own Employment Law Question
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom
AttorneyTom, Lawyer
Category: Employment Law
Satisfied Customers: 9,176
9,176 Satisfied Customers
Experience: Attorney

AttorneyTom is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was unexpectedly terminated (not for misconduct, but
I was unexpectedly terminated (not for misconduct, but performance) from my job last week, and I plan to apply for unemployment benefits (UI) in Washington state soon. Ironically, a couple of weeks pr… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Does tendering a resignation in lieu of termination affect
Does tendering a resignation in lieu of termination affect unemployment benefits eligibility in WA state?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Are you an assistant for an unemployment attorney? Utah. I
Are you an assistant for an unemployment attorney? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
I was approved for unemployment after quitting with good
I was approved for unemployment after quitting with good cause. If my employer wanted to contest the decision, how many days do they have to contest the decision? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was terminated in Sept and was expecting to receive
I was terminated in Sept and was expecting to receive unemployment insurance benefits in which my claim had been denied because they said I quit instead of being terminated. Now I have lost almost eve… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about unemployment. But that's not the
yes. But that's not the issue. The issue is I have a complicated situation and I need to know if I can get unemployment … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was terminated for a documentation error in a patient's
I was terminated for a documentation error in a patient's chart. I have a letter stating my reason for termination. My former supervisor told the unemployment office that I was fired for Behavior. Do … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Regarding: unemployment benefits As a manager, I was told
Regarding: unemployment benefitsAs a manager, I was told privately that my responsibilities were a failure, having role functions halted, re-assigned to others, and team re-assigned to other departmen… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently off and am expecting to collect unemployment.
Second opinion] Hi - I was recently laid off and am expecting to collect unemployment. There is a chance that I may be able to do some contract work with a law firm for three months. I would work a st… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
In Texas, is it acceptable for one to collect unemployment
In Texas, is it acceptable for one to collect unemployment benefits when a severance has been issued. The contents of the severance indicated that I am eligible for unemployment. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am the employer with an unemployment benefit claim against
I am the employer with an unemployment benefit claim against me from my ex employee that is also my step daughter. She had really been slacking on her job and not completing assignments given and givi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
My daughter is on unemployment in OR and went out of the
my daughter is on unemployment in OR and went out of the country for 10 days. Will her unemployment be stopped? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a M.D. collect unemployment when she was terminated for
Can a M.D. collect unemployment when she was terminated for breaking apt care law? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was terminated from receiving unemployment because the
I was terminated from receiving unemployment because the attorney claims I went on Craigslist and caused a virus, but there was mitigating circumstances. … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x