Oh great... what can I do?

[iLoveMyZ]

What is the name of your state?What is the name of your state? Texas, USA

Hello. I was fired from my position in August of last year due to a huge misunderstanding and some wrong doing on my part. Needless to say it looked a lot worse than it really should have. I'm trying to find another job now but they require me to sign a background release form. What right am I waiving and how much information is my previous employer legally allowed to say? Should I provide the phone to my manager or to their HR department for reference? My predicament is that the job I'm looking at is where my mom works and she does not know I was previously fired. This is what it stipulates: (the names of employer and investigation agency have been changed.)


I, _______________________________________, hereby authorize XXX and/or their authorized agent, YYY Investigations, Inc., to contact any employer, law enforcement agency, state agency, institution or private information bureau that has any record or knowledge of my worker’s compensation claims, motor vehicle operation history, or criminal history, in order to obtain or verify information on, but not limited to criminal, credit, driving, and education. I hereby authorize YYY Investigations, Inc., to release any so acquired information to XXX or it’s representatives. I hereby release XXX and YYY Investigations, Inc., their officers, employees, and agents, from any and all liability arising from the results of any investigation and the preparation of any reports concerning myself or my background. This authorization shall be valid one year from the date signed and a photographic copy of the authorization shall be as valid as the original. Permission is granted for information to be released by any state agency.

I waive any provision impeding the release of this information, and agree to provide any information necessary for the release of this information above and beyond that provided on the employment application.

If employed, I further authorize periodic checks of all above referenced sources as may be deemed necessary by employer.

 

[cbg]

Actually, you are not waiving any rights. An employer is legally permitted to say anything that is true or represents their honest opinion, with or without your permission. Although a number of people erroneously believe that an employer is legally only allowed to give job titles, dates of employment and salary history (sometimes the rumor also includes rehire status) there is no truth to this at all.

Many employers require a release to protect them from frivolous lawsuits. There have been cases where an applicant has not gotten the job they wanted and tried (almost always unsuccessfully) to sue the employer for defamation or slander, despite the fact that most states have established laws that hold an employer harmless for any references they give as long as the information is true, represents their honest opinion (even if negative) and was not offered with malice or negligence. However, the release is not required by law.

If you were fired the employer may say you were fired, and he may give the reason you were fired. That is true regardless of whether you sign the release or not. It's unclear whether the release is being requested by the employer who fired you or the one that you are applying with, but it doesn't matter. Your refusal to sign the release will not do you any good; most likely you will simply be removed from consideration if it's the employer you are applying with. If your former employer is the one requesting your signature on the release, your refusal will mean that they, in turn, will refuse any information to the prospective employer, which again is not going to help your prospects.

The release you provide is perfectly standard and does not require you to give up any rights granted you by law.

 

[ENASNI]

Gee

Hi cbg... Computer fixed? That was the longest reply I think I have ever seen you post... But as always.. a good one.

 

[cbg]

Hi Enasni. No, computer is still in the shop. I'm using Mr. cbg's computer this afternoon. It'll be another few days; the problem was with the motherboard.

Not the longest reply I've ever done; just the longest in a while.

 

[ENASNI]

otay

Hi Enasni. No, computer is still in the shop. I'm using Mr. cbg's computer this afternoon. It'll be another few days; the problem was with the motherboard.

Not the longest reply I've ever done; just the longest in a while.

Mr Cbg shares??? ohhh I see... must be a game on... Take it easy girl!

Suns out gonna play... bye?

 

[iLoveMyZ]

Thanks for the timely response. I would never refuse to turn in the waiver (gee, that doesnt look suspicious lol), but I was hoping to find a "safe" route to take in going about this process. Safe being that I wouldnt apply for something with the result of everyone knowing I had been fired for something before. Unfortunately, my mother is a "big shot" in the system I am applying to and I wouldn't want to reflect upon her negatively especially when she had nothing to do with it. I know whats done has been done and they have the right to tell the truth in what happened but they (HR) probably have a skewed idea of what the truth really is anyway. Again, there was a huge misunderstanding and a number of uneventful events that led up to finally being terminated that were actually not under my control. However, there is no denying the fact that there was some wrongdoing on my part (not major, but it sure looked like it to them). I would like to avoid having anyone really know about this.. should I avoid applying all together? This was something my mom suggested I do so that I could actually make use of my degree.

As far as the waiver, it is being requested by the new employer.

Thanks again, your words of advice are definately appreciated.

 

[cbg]

Whether you apply or not is entirely up to you. I don't know your mother's position in the company but "everyone" is not going to know the results of your reference check. The likelihood is that only the person who actually makes the phone call, possibly but not definitely one or two members of that person's staff and MAYBE the hiring manager will know exactly what was said. When I did reference checks I was the only one who knew the specific results; the hiring manager would be told "the references checked out" or "the references don't support a hire" and that's ALL. We don't even know what your former employer is going to say. Just because he CAN give details of your termination doesn't mean he will.

 

[iLoveMyZ]

Thank you. I feel a little more confident to apply now. Recently I read in the paper about a scandal of an official who got their kid a job in the company. Turns out the kid has had quite a criminal history and even financial trouble. Anyway, apparently the parent is now in some trouble because of it. This is my scenario times 100, but I just would like to avoid even a small amount of negative publicity for my mom.

So, I think my last question is, if someone had been fired in the past, would that necessarily disqualify him/her from being "checked out"?

 

[cbg]

No. Contrary to popular belief, being fired is NOT necessarily the "kiss of death" when it comes to re-employment. Much depends on the company, the position, other references, the specific situation that led to the firing, and many, many other factors.

My one additional word of advice would be, if asked anything either on the application or in the interview which would require you to discuss the firing, TELL THE TRUTH. By all means put as positive a spin as you want on it but don't try to hide or disguise it. While having been fired in the past is not necessarily a disqualification of future employment, lying on your application or in the interview, is. Many employers will forgive a single indiscretion. Few if any will forgive being lied to.

You don't need to volunteer anything that isn't asked, but you MUST be truthful about anything that is asked.