Past workers comp injury and job applications

[greenlight]

I had a workplace injury at a former job and my performance suffered as a result. My employer fought the case, saying the injury was not work related, and asked me to resign due to low performance. Many months later, a judge determined that it was work related. Since then, I have gone back to school, I have been retrained in another field, but I have to apply for other jobs now.
And some job applications ask "Have you ever been asked to resign for any job? If so, explain."

Do I legally have to answer that question? If so, how can I answer it in the best way possible. My former employer can say it was due to performance issues only, am I right? But if I mention a work injury, that will still work against me.

Do you happen to know how I can legally describe this while doing the least damage possible?

 

[cbg]

You are not legally required to answer ANY question on a job application. But the prospective employer is also not legally required to accept any application that is not complete. (Or even any application that is complete, but that's a whole different thread.)

And if you do answer it, you need to be sure that your answer matches what your employer will say if contacted. And they CAN contact your former employer, even if you tell them not to. So if your employer is going to say performance issues, your answer needs to say performance issues. How much beyond that you tell them is up to you.

 

[commentator]

I've not seen that particular question as real popular on job applications. But I suspect that if it's there, "Will discuss" would be about the best you could do. You shouldn't go into the whole seven and six of the situation there on paper, there's doubless not enough room, and if leaving it blank will disqualify you, you request a chance to explain it, and they don't give it to you, you just have to accept that they're not really looking for people anyhow. Did you actually resign when asked? If not, then was your position not upheld by the judge in this case?

But how about "I was injured on the job, and the company fought the claim. They tried to get rid of me, demanded I resign before we could work out the details of the situation. After litigation, it was determined I was eligible for worker's comp. That's all behind me now, I left that company in xxxx, there are no limitations on my ability to do work based on this currently. Since that time I have returned to trainining in the xxxx field." That's the best you can do.

If the employer really wants to slam you, say you were fired for poor performance, there is always the fact that you did win approval of this as a work related injury, it shouldn't be totally up to the company to determine whether or not you come away with a positive or negative reference from them.

 

[greenlight]

Thanks

Thanks commentator and cbg, for replying. I did actually resign when asked. That was before I had sought outside advice. I didn't actually want to go back to work for them after all of that, however. Like commentator stated, all that is behind me now.
I am going to go with "will discuss" and let the chips fall where they may. Thanks again.

 

[armstrong1988]

I think I can apply that too in my situation before. But my last company did not ask about that they just ask why I resign from my previous employer and I just say I resign. They did ask why all I just say is that I enjoy the work but I am looking for much more exciting job like what you are offering right now and right now I found the right job for me and that job is the job your offering right now. then after that no more question about why I resign.