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Fired from job and need advice for new job

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luvthemountains

Junior Member
What is the name of your state (only U.S. law)? NC

I was fired from my previous job, and I worked there for 15 years. I am now looking for a new job, on the job application I have to put my previous employment.

I was fired due to "misconduct" according to them, but I believe I was set up by another co-worker.

If my future employer calls the old employer and asks why were they fired, is it legal for the previous employer to say why? I'm more than sure he would say he wouldn't hire me again.

I'm planning on telling the truth (my side of everything). I'm just worried about trying to find a job.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NC

I was fired from my previous job, and I worked there for 15 years. I am now looking for a new job, on the job application I have to put my previous employment.

I was fired due to "misconduct" according to them, but I believe I was set up by another co-worker.

If my future employer calls the old employer and asks why were they fired, is it legal for the previous employer to say why? I'm more than sure he would say he wouldn't hire me again.

I'm planning on telling the truth (my side of everything). I'm just worried about trying to find a job.
He is allowed to tell prospective employers anything he would like to.
 

cbg

I'm a Northern Girl
An employer may say anything that is true, that he has a good faith belief is true, or that represents his honest opinion. Nothing in the law prohibits an employer from giving the reason you were fired.
 

commentator

Senior Member
commentator

I know I beat this drum a lot, but in this situation, I would certainly file for unemployment benefits immediately. They will do an investigation of the situation, and you may be approved, which will give you a lot more credibility with other employers. For one thing, it will require your former employer to give the specific reason why they fired you, and provide the documentation they used, the warnings that were given, the circumstances, etc.

Then, when you go to other interviews, you can say, "Well, after fifteen good years, I ran into a situation where I had a conflict with someone and was terminated. But I applied for and was approved for unemployment because it was determined they did not have a valid reason to terminate me in this situation." Employers are all quite familiar with the unemployment insurance system. If you don't bother to go and file a claim, they will assume that you were guilty of whatever it was and didn't want to fight it.

If the reason for termination was gross misconduct, such as beating another worker with a pipe or stealing something, taking hostages, a dramatic incident of misconduct, you'll just have to put it in the best possible light, though you probably won't be approved for unemployment benefits.

If you were caught up by an attendance policy or a violation of a common workplace rule, you'll need to cover that briefly and positively.

In an interview, don't dwell too much on this issue of why you left the last job. Concentrate instead on the fifteen good years you did have with this employer and the skills you acquired there. If your attendance was good, mention that. If you received any commendations, mention that. You obviously weren't too awful an employee, because you had fifteen years before you were fired.

Don't let the interviewer pick up that you are bitter or angry about what has happened to you. No one wants to work with a bitter or angry employee. They may ask you, "If I speak with your former employer, what will they say about you?" Be prepared to explain a little bit, but don't dwell only on your termination. Keep emphasizing the fifteen years you were a good employee.

The former employer can say pretty much whatever he wants to. However, most of them are pretty cautious in actual practice about badmouthing former employees. Many companies have policies in place where they are only allowed to confirm dates of employment and whether or not they would rehire you. It is up to you to sell yourself to someone else, even if your former company says they wouldn't rehire you.

Incidentally, when completing a company application, you do not have to put "fired for misconduct" under the blank for "reason for leaving". You can put "will discuss during interview" or something similar. Do not leave the space blank.
"Left to find another job" is an honest answer. One of my favorites was the guy who put, "re-captured, returned to prison" as his reason for leaving his most recent job.
 
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pattytx

Senior Member
I'm not so sure being able to state that you received UI benefits mean anything to a prospective employer. There are specific conditions under which you can be disqualified from benefits. If the conditions don't meet the criteria, you get benefits. There are thousands of stories out there where individuals have been granted benefits just because the employer didn't do their due diligence.

For example, Mary was terminated for "misconduct", or "violation of company policies", i.e., too many absences and tardies. Mary received UI benefits because the employer did not give Mary the proper warnings that her job was in jeopardy the next time she was late or tardy. However, Mary WAS late and absent more than the employer could handle, and the employer is certainly allowed to say that to a prospective employer who calls for a reference for Mary.
 

commentator

Senior Member
commentator

Hi, good morning,

I understand what you are saying. It is much too generalized to say "all employers understand about unemployment benefits" and sometimes people who actually did bad things and were fired get to draw benefits, simply because their employer did not have the ducks in a row when it came to clearly established policies, progressive discipline systems, and the handling of employee performance. They can still tell the inquirer that the person was fired for misconduct and may do so. But the better employers will have their policies and procedures all lined up. If you are terminated for a valid cause, and they had their documented reasons, you probably will not get the benefits approved. Any employer who would think less of you because you filed for and were approved for unemployment benefits after a termination is probably not someone you would want to work for anyhow. If you aren't approved, you still have a pretty good idea of what the past employer is going to say about you and can be pro-active in dealing with it.

I do not see any downside to filing a claim for benefits immediately. As I said, it gives you a good picture of the whys and wherefores of your termination, it gives you an arena to work out the relative justice of the situation (which is what most people want anyway) and if approved, will give you a small cushion of money to fall back on until you find another job. And it costs nothing but your time to file.

The former employer can give out the reason you were terminated from their point of view totally, apparently with no repercussions, though I do not understand if this is the case why some of them are SO cautious about the information they will provide.

This person goes out to sell himself on the job market again after fifteen years with a slight problem, this termination issue. I'm trying to think of everything that will give him a positive spin to put on it as he seeks a new job.
 

cbg

I'm a Northern Girl
The former employer can give out the reason you were terminated from their point of view totally, apparently with no repercussions, though I do not understand if this is the case why some of them are SO cautious about the information they will provide.

Because there are so many people out there beating the drum that if an employer says anything even remotely negative they'll get sued. When even wrong information is repeated often enough, people start to believe it.
 

commentator

Senior Member
commentator

Wow, thanks, you know after all these years, I have learned something new!

Because most of the employers I have dealt with through the years are really really paranoid about giving references. Many do have that policy of confirming dates of employment and rehire potential only. Come to think of it, though, the only case I ever saw where a suit was actually pursued was when the former employer did NOT give a bad reference. One school system had discharged a teacher for sexual misconduct with a student, and had not provided that information to the next school where he later applied, was hired and repeated the behavior.

It's a common practice to get someone to call and request a reference on you to see what you're getting from the employer. I've known of people threaten the former employer with being sued for giving out bad references, but wow, guess it's sort of an legal urban legend. Would you believe there are a few of them out there???
 
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