Employment law question

[Marley1945]

What is the name of your state (only U.S. law)? California
I was an "employee at will" for a company. I was called into the boss' office and told that "we are going to have to let you go" but when asked why, the boss said "I am not in a position to discuss that." When I applied for employment insurance, the representative I conducted the phone interview stated that I would probably not be eligible because my former employer told them that I was fired for poor performance. I explained that I was never told about this poor performance. It was determined that I was eligible for employment insurance. Additionally, when I was let go from the job, my former boss offered me a severance package. I declined the package because he also wanted me to sign a confidentiality agreement. So, if I was not told why I was let go, can my former employer now tell potential employers that I was fired for poor performance if that was never stated?What is the name of your state (only U.S. law)?

 

[eerelations]

Your former boss can tell prospective employers anything he wishes as long as it's true or he believes it to be true. This would include information about your work performance that he'd never told you about.

 

[Beth3]

When I applied for employment insurance, the representative I conducted the phone interview stated that I would probably not be eligible because my former employer told them that I was fired for poor performance. I explained that I was never told about this poor performance. It was determined that I was eligible for employment insurance. That's not surprising. Poor performance does not bar eligibilty for UC benefits unless the employer can demonstrate that the employee purposefully did a bad job.

So, if I was not told why I was let go, can my former employer now tell potential employers that I was fired for poor performance if that was never stated? Yes, if that represents your employer's honest opinion.

 

[pattytx]

Agree with Beth. The issue is that even if the state determined that you were eligible for UI, that doesn't mean that the employer thought your performance poor. All it means is that the state determined that the reason for the firing did not disqualify you from UI benefits. Two different things.