Previous Employer saying I was Terminated

[mrs_rgomez]

What is the name of your state? California

I am applying for a new job that runs background checks on all perspective employees. In the background check, a previous employer (from 2 years ago)said that I was "terminated due to unsucessfull 90 day trial period". On my application for this new job, I put that I was laid-off because that was the impression I was given when I left the old company. Also I qualified and collected unemployment insurance, which to my understanding you cannot collect if you are terminated. Now because it appears I lied on my application, I can't get the job. I have been told by several friends that it is illegal for old employers to give a reason for you leaving the company. Is this true? Do I have any recourse against the old company either way? Is there a way to convince the new perspective employer to hier me anyways? Please help me. Any advice is appreciated. Thanks

 

[cbg]

No, it is not true. Nothing whatsoever in the law forbids an employer from giving the reason an employee left the company. In fact, there are some circumstances where an employer could be in legal trouble if they DON'T give the reason the employee left. An employer may legally give any information they want as long as it is true or their honest opinion. The only exception to that is that they may not give out any medical information that they may have. Everything else is permitted.

You are also incorrect that you cannot collect unemployment if you are terminated. It depends on the reason for the termination. If you are terminated for poor performance, you can almost always collect. On the other hand, you cannot collect if you are terminated for gross misconduct.

I don't see any grounds for legal action against your former employer. You can try to convince the new company to hire you anyway by explaining how the mistake occurred, but I wouldn't hold my breath. You don't have any legal grounds to force them to hire you, if that's what you're looking for.

BTW, almost all companies will at the very least check with former employers, even if they don't do a formal background check.

 

[mrs_rgomez]

Thanks for the clarification. I am not out to sue anybody, I don't even like the idea of it. It just sucks that I am being screwed out of a great job becuase it was never made clear to me that I was being "terminated" vs. "laid-off". Had I known it was being reported as terminated I would have put that on my application. I was not trying to hid anything. Se La Vi! Guess I am just SOL.

Curious thought though. Could a former employer ever be sued for defimation of character? No I am not going to sue anybody, but now I feel like I have no protection over what a former employer might say about me. Any thoughts?

mrs_rgomez

 

[Beth3]

Yes, an employer may be sued for defamation for giving a false reference, provided the following conditions were met: (1) The employer knowingly lied about the employee or was negligent in what they said; (2) the employee suffers damages as a result.

The boundary between termination and layoff among the general population have gotten quite hazy, although they mean clearly separate and distinct things to HR staffers/employers. To me, termination means employment has ENDED, regardless of the reason. Layoff means an employee has been temporarily placed on inactive status and is subject to recall with no loss of seniority/benefits when work is again available. Most people are using "layoff" to mean ANY reduction in staffing, even if everyone is terminated.

Perhaps the issue between you and your former employer is just one of semantics.

 

[Ramoth]

C'est la vie