• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What to tell potential employer about prior wrongful termination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jmv613

Junior Member
What is the name of your state? New York
I was fired wrongfully in February. I have already consulted a lawyer and we have begun to file our EEOC claims (she's on vcacation for the next 10 days). I have a job interview today and I don't know whether I should skirt the issue of my wrongful termination from my last employer or if I am obligated to tell or not to tell my potential employer the whole truth. My potential employer knows my prior employer very well (it's a small industry) and I would rather keep the whole thing private.
Question 1: Is there any reason I should not tell tell my potential employer about my wrongful termination?
Question 2: If I do tell the potential employer about the wrongful termination, is it pemissible for me to tell them also about my EEOC claims against my former employer (or are those claims confidential)?
Question 3: If I do not tell the potential employer that I was wrongfully fired and get offered the new job, can my old job legally disclose my firing to the new job or are the estopped from doing so because of the EEOC claim? Question 4: Would I have a slander claim against the old job in that case?
Question 5: If the new job fired me after finding out about the prior wrongful termination, would I have a retaliation claim against them?

Thanks for the help!
 


Beth3

Senior Member
Question 1: Is there any reason I should not tell tell my potential employer about my wrongful termination? You're not likely to have a choice. Employers typically want to know in some detail why an employee left each of their prior jobs.

Question 2: If I do tell the potential employer about the wrongful termination, is it pemissible for me to tell them also about my EEOC claims against my former employer (or are those claims confidential)? You may tell whomever you wish.

Question 3: If I do not tell the potential employer that I was wrongfully fired and get offered the new job, can my old job legally disclose my firing to the new job or are the estopped from doing so because of the EEOC claim? Your ex-employer is free to share that you were fired and the reason for your termination. I doubt they're going to say you were unlawfully terminated however.

Question 4: Would I have a slander claim against the old job in that case? No. Again, if contacted for a reference, they are free to say you were fired and in their opinion, why they made that decision.

Question 5: If the new job fired me after finding out about the prior wrongful termination, would I have a retaliation claim against them? If they fired you because you filed an EEOC claim against your former employer, yes.

Keep in mind that right now, whether you were wrongfully fired is a matter of opinion. No court of law has determined that was the case.
 

jmv613

Junior Member
Of course, in response to your answer to my Question 5, if I mislead the potential employer into thinking I left my prior employer on my own terms then they can legally fire me for lying, correct?
 

Beth3

Senior Member
Yup. Lying during the recruiting process or on a job application is always grounds for termination.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top