Is there a public record of being fired?

[Bill_Lumbergh]

What is the name of your state?Maryland

I have a 2nd job (a McJob) which I took about a year ago because I was bored and a few extra bucks on the side doesn't hurt. It's now become too tiresome for me to do in addition to my real daytime job.

My question is that if I get fired from this little part-time insignificant job which has no relation to my career, is there any public record of the job termination?

I was thinking of just "disappearing" from this McJob, and I assume they'd can me for their internal records.

At some point later, when I apply for a real job, would I be safe in not mentioning this little McJob and that I was terminated from it? Would a future employer come across the termination when doing a background check?

Since the McJob has no relation to my regular career and I don't need any references from them, would I be correct in assuming that on a future real job application, as long as I don't volunteer info that I ever worked for the McJob, there's no way for the future employer to know about it?

Thanks for any help.

 

[cbg]

My question is that if I get fired from this little part-time insignificant job which has no relation to my career, is there any public record of the job termination?

There is no easily accessible database that says, Joe Smith's Employment Record; xx/xx/xxxx - xx/xx/xxxx - McDonalds' - current status - fired, if that's what you mean.

At some point later, when I apply for a real job, would I be safe in not mentioning this little McJob and that I was terminated from it?

No, quite frankly, you would not. Even though no public records of terminations exists, that doesn't mean that there is no way for an employer to learn about it. And if they ever did, and it was learned that you had omitted it from your application/resume, that's considered a falsification of your application and is a termination offense.

Would a future employer come across the termination when doing a background check?

Possibly. And even if they don't find out about it in a background check, there are a number of other ways they could find out if only by accident.

Since the McJob has no relation to my regular career and I don't need any references from them, would I be correct in assuming that on a future real job application, as long as I don't volunteer info that I ever worked for the McJob, there's no way for the future employer to know about it?

No, you would be very much incorrect in assuming that.

Why don't you simply just quit?

 

[sandgirl]

Due to the privacy act, most companies will only verify the dates that you worked there, what your job title was, and often will verify pay, but only in writing. Many companies will only respond to written requests to avoid legal issues. So finding out you were fired is unlikely these days. Even saying whether you are eligible for rehire is outside the practice of most places. If an employer says anything that deprives you of getting a new job, they know they could be in for a lawsuit, so they now say very little.

However, there are databases that list every place your social security number shows up as employed. So, if you apply for a job at a bank or as a cop, they will be upset if you don't name every single place you ever got a paycheck. You would need to consider that when divulging your info. A fast food place is so used to people just not showing up one day that they might not even enter the info on your record, but there is a record in some database that you worked there.

 

[Beth3]

Due to the privacy act, most companies will only verify the dates that you worked there, what your job title was, and often will verify pay, but only in writing. Sandgirl, that is nonsense. As I informed you in your own post, there is no privacy act whatsoever that addresses reference information.

Many companies will only respond to written requests to avoid legal issues. So finding out you were fired is unlikely these days. That depends entirely on company policy. The great majority of employers I contact for references are perfectly willing to provide all the information I request regarding job performance, reason for leaving, and s o on.

Even saying whether you are eligible for rehire is outside the practice of most places. That is not at all true. Even those companies that will only provide dates of employment and job title almost always will also state whether an employee is eligible for rehire.

If an employer says anything that deprives you of getting a new job, they know they could be in for a lawsuit, so they now say very little. Again, not true. In fact the vast majority of States have passed "hold harmless" referencing laws.

Sandgirl, you don't know what you're talking about. The information you're posting as accurate is nothing more than conjecture and misinformation.

Bill, why don't you just resign the job at McD's? What benefit is there to you to just disappear and then be fired for job abandoment. That makes no sense.

 

[sandgirl]

Due to the privacy act, most companies will only verify the dates that you worked there, what your job title was, and often will verify pay, but only in writing. Sandgirl, that is nonsense. As I informed you in your own post, there is no privacy act whatsoever that addresses reference information.

Many companies will only respond to written requests to avoid legal issues. So finding out you were fired is unlikely these days. That depends entirely on company policy. The great majority of employers I contact for references are perfectly willing to provide all the information I request regarding job performance, reason for leaving, and s o on.

Even saying whether you are eligible for rehire is outside the practice of most places. That is not at all true. Even those companies that will only provide dates of employment and job title almost always will also state whether an employee is eligible for rehire.

If an employer says anything that deprives you of getting a new job, they know they could be in for a lawsuit, so they now say very little. Again, not true. In fact the vast majority of States have passed "hold harmless" referencing laws.

Sandgirl, you don't know what you're talking about. The information you're posting as accurate is nothing more than conjecture and misinformation.

Bill, why don't you just resign the job at McD's? What benefit is there to you to just disappear and then be fired for job abandoment. That makes no sense.

Then why are you just bashing my statements instead of telling what the real reason is that the companies I have worked for are so reluctant to say anything? Two major employers won't say anything but the dates you worked and position. Care to tell us why, since I don't know what I am talking about? I don't mind your telling me or anyone else when I am wrong, but to just say we are wrong and not say what is right as in: no, you would be wrong in assuming this or that, how about telling someone why they are wrong instead of just sounding like, "I know everything, neener neener neener, you don't..." sheesh. Good day to you too, you unpleasant person.

 

[pattytx]

Sandgirl, you are making the matter about you. Beth is telling you what the law is, or isn't, and what companies do. If your ex-employers choose to act the way you describe, that is their business. However, it is not the practice for many companies, especially if they expect to get information from other employers. You were stateing that the reason your ex-employers were not giving out any information about you was that is was illegal, and that most companies don't do it. A few of us here have been in HR for many years, and we're telling you our experience. How long have you been in HR?

 

[Beth3]

Then why are you just bashing my statements instead of telling what the real reason is that the companies I have worked for are so reluctant to say anything? Two major employers won't say anything but the dates you worked and position. Care to tell us why, since I don't know what I am talking about? So you just make up some law that says they can't and tell others that's the case? I have no idea why your former employers won't give out anything more than your dates of hire. Presumably it's company policy.

I don't mind your telling me or anyone else when I am wrong, but to just say we are wrong and not say what is right I DID explain what is correct to you - on two separate occassions.

 

[cbg]

Due to the privacy act, most companies will only verify the dates that you worked there, what your job title was, and often will verify pay, but only in writing.

There is not now, nor has there ever been in the entire history of employment law in this country, a Federal or state, in any state, "privacy act" that limits an employer in what information they are allowed to give out in reference checks. In fact, the last time I looked, 44 out of 50 states had either enacted legislation or had legislation pending that would allow an employer to be held harmless for any truthful information they provided. If your employers have chosen to enact a policy in which they will only provide limited information, that's their choice. But it's not because they are limited by law.

If someone is telling you otherwise, I suggest you ask them to provide you with a statute number or case law reference that says so. You'll find they won't be able to.

 

[DL11]

May I interject?

May I interject? As I feel I know where Sand's and certain Company policies come from, I'd like to interject.

My wife worked as Human Resource Director for many years. She states that about 8 years ago, while in this position, there were many articles (in HR Newsletters and conferences she attended) that left the impression that the company would/could be wide open for lawsuits from former employees, if they gave out negative or too much information to requests for references. The emphasis was on "being very careful" and "not disclosing too much information" to save yourself from being held accountable for an employee falsely being passed over for employment. She tells me, unless an HR person or company actually researched the laws they would/could just assume this to be legal reasoning. Many companies followed suit, guess some still stand on this assumption... it fell over to the employees as the HR people or companies passed this "reason" over to them when asked or in conversation/policy.

It is a false conclusion to a large fear-based society. Every time you turn around there is someone suing for something to drive a personal agenda... America is plagued with fears from all around, only those who know the law in details and enforce it as such, stand firm.

 

[Beth3]

DL, I agree. I'm a VP of HR and you are correct where these largely imagined fears come from and some companies still follow suit. Over the last 20 years, there has been a tremendous amount of misinformation regarding liability when providing references that was just assumed to be true. Many companies are unaware that most States have passed "hold harmless" referencing laws that say an employer is not civilly liable for information they provide if they give a reference in good faith.

 

[cbg]

But, to continue with Beth's response:

On an HR board where I participate, I have a standing challenge for anyone to provide the link to any case, in any state, district or circuit, where an employer has lost a lawsuit in which truthful, but negative, information was provided in a reference check. That challenge has stood unanswered for nearly five years. I fully expect it to remain unchallenged for another five.

Regardless of the beliefs of any HR manager or attorney, as long as the information provided is truthful and supportable, the employer has no liability for any reference information they provide. You are correct that this is the source of the belief, but it is nonetheless an incorrect belief.

 

[Some Random Guy]

CBG:

Do you have a link or reference for your 44 out of 50 states claim? Not looking to argue, just want a reference for the future.

 

[cbg]

Not a single link, no. The information came from reviewing a summary of individual states laws and counting them. I believe the information came from the SHRM site.