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Previous Employer References

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Junior Member
What is the name of your state?Texas
Previous employer fired me without following large company's policies, at- will state, however, I won unemployment hearing and when they tried to appeal they did not win. Texas Workforce Commission stated insufficient evidence shown for reasons of gross misconduct. Question: Can the employer still reference a previous employee as involuntary term-gross misconduct, without any documentation at all and providing a prospective employer with reference only involuntary term-gross misconduct. And no further explanation. It would be a false reference if there is no documentation behind it, and is there any bearing the fact they failed when it came to burden of proof, can they continue to give this kind of reference?


I'm a Northern Girl
Since you have provided only very general information, I can only give you a very general answer.

What unemployment says or does relates ONLY to unemployment laws. The fact that the state did not find that you committed gross misconduct under unemployment regs does not mean that you were wrongly terminated and it does not mean that you did not commit gross misconduct according to the company definitions. The law does not require an employer to use the same definitions as the unemployment office.

The employer may give any information they like in a reference as long as it is true or represents their honest opinion and is not deliberately misleading. The fact that they did not document does not make it a false reference.


Junior Member
Thank you for your reply, to be more specific, I am currently working for the same organization and applied for a manager position from a staff position, and was denied an interview stating ineligible for rehire, due to involuntary term gross misconduct, but apparently this was not a factor when I reapplied and received a staff position without any discussion of status of eligible or not. When terminated, status was eligible for rehire at any facility, and I would not have applied for a job within the organization had I thought I was ineligible. This status only came about when I applied for a different position. Stating someone is terminated for gross misconduct is pretty serious grounds, and I would think that they would not employ me under any circumstances if they feel this is the reason for termination in the first place. I am still currently working for this organization and just received a very positive review, by the same director that declined the interview for the new position. I don't understand my right's in this kind of situation and how I can further inquire about this situation? I find it to be extremely conflicting and I am not quite sure how to clear the air without claiming they said one thing and are doing another, which could lead them to do anything or say anything they want again due to living in an at- will state.


Senior Member
I too find it odd that they terminated you for gross misconduct but then hired you back. Certainly the great majority of employers wouldn't have rehired you if you were terminated for misconduct. That is this particular employer's perogative, however unusual it appears to the rest of us.

They aren't doing anything unlawful in stating in a referece you were fired for gross misconduct since you were. Other parties can only assume the misconduct couldn't have been that serious though, since they hired you back.

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