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What must I tell a potential employer about a previous ...

What must I tell a...
What must I tell a potential employer about a previous termination for cause and what can my previous employer say about it?
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Answered in 12 minutes by:
5/1/2008
Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10,760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Verified

Dear XXXXX_ushur1,

legally, many people are surprised to find that there really is nothing they cannot say that is true. They can say what ever is true, that they want.

What they can legally not do is:

  1. disclose private medical informatin (hippa)
  2. disclose personal information such as address, SSN, (privacy act and social security and ID protection act)

The problem is, so many people are accusomted to HR and others telling them they cannot say certain things, out of fear of litigation, that it has become ingrained in our culture, that certain things can not be said.

If acompany says something dispareging to you, and that causes you to not get a job, they are at risk for litigation.

your previousl company can reveal what ever the truth is. For example:

They can say you were terminated for cause. then when asked what that cause was, they could state it. It gets litigious form there on. Lets say cause was theft; they could say that, and you could lose a job because of that statement. BUT, in reality, theft was never proven, it was merely suspicion of theft......So you take them to court, and win a hugh settlment because of wrong ful discharge or lack of due process to prove theft, after revealing it to a potential employer.

Most emlpoyer will take a safer course of response such as: we no longer had a need for her talents. Or we were not a cultural match. such things as that.

since you were the person let go, you can say what ever you like. However, ther is a tactical error in saying anything derogatory about your old employer or supervisor. That is a killer in a job interview. Whle you can legally say anthing you like that is true, it will nto be good in an interview to state anything derogatory.

A safe response for a canndiate is similar to the former emlpoyer: we were not a cultural match; they were a great company, but there were issues based on values that I could no longer support, and so forth.

LEGALLY: you can either one say what ever you like that is true.

 

Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10,760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Verified
Ed Johnson and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 years ago
So, I should not fear that one day months or years later my new employer won't tap me on the shoulder and bring up a past termination.

Dear XXXXX,

I am not saying a new employer would not find out about that and ask you,,,,so what happened at corporate usa?

But you should not worry about what they might say about you. Months or years later would not be an issue. Not everyone is a match for the companies they work for. Unless you outright lied on an application, it would not be grounds for dismissal.

 

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Ed Johnson
Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10,760
10,760 Satisfied Customers
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999

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