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Terminated for cause

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ssharma

Junior Member
What is the name of your state? California

Hi,

My employment was terminated for a cause. In the termination letter- HR stated that if someone calls them, they will only release dates of employment and position. I am worried that if there is an employment verification or background check from a prospective new employer- will HR honor the stated policy in letter or will they disclose termination for a cause and more importantly disclose the cause itself?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California

Hi,

My employment was terminated for a cause. In the termination letter- HR stated that if someone calls them, they will only release dates of employment and position. I am worried that if there is an employment verification or background check from a prospective new employer- will HR honor the stated policy in letter or will they disclose termination for a cause and more importantly disclose the cause itself?
There is no way we can answer the question of whether or not they will do one thing or the other. Yours is not a legal question.
 

ssharma

Junior Member
There is no way we can answer the question of whether or not they will do one thing or the other. Yours is not a legal question.
thanks for responding. i understand, i guess i am wondering that the letter which i got from HR is a formal letter and can they breach the commitment in that or are they legally allowed to deviate from what they mentioned in that letter.
 

commentator

Senior Member
Well, don't worry over much until you have gotten some resumes out there, have filed some applications, and you sadly fear that what your employer is saying about you is hindering your hiring process. Until then, it's just moot, and is an excuse (I can't do anything because I'm afraid my former employer will sabotage my job search!)

The answer is, really, it's not binding. They can say they'll say only your dates of employment, and then are okay to say anything they want in regard to a reference. But any company that goes to the trouble to assure you that you'll only be able to get from them verification of your employment and the dates you worked there, it would be really unusual for them to go off script if that's their company policy. As I said, you apply for other jobs and let the chips fall before you waste a whole lot of time worrying about what they might or might not say.
 

adjusterjack

Senior Member
thanks for responding. i understand, i guess i am wondering that the letter which i got from HR is a formal letter and can they breach the commitment in that or are they legally allowed to deviate from what they mentioned in that letter.
File for unemployment ASAP. Getting terminated for cause is not necessarily the same as getting terminated for misconduct. All terminations are for "cause" to some extent. It's misconduct (as defined by statute, not by employer) that could disqualify for unemployment.

There are several resources in the following search that describe the elements of misconduct in California:

https://duckduckgo.com/?q=california+unemployment+misconduct&t=ffab&ia=web

What was the "cause" in your letter?
 

Taxing Matters

Overtaxed Member
thanks for responding. i understand, i guess i am wondering that the letter which i got from HR is a formal letter and can they breach the commitment in that or are they legally allowed to deviate from what they mentioned in that letter.
The letter is not legally binding but if that is what the company policy is then I would expect the company will stick to that and not release anything more than what they said they would release. But here's the problem: the employers to whom you apply almost certainly will ask you why you left the old job. If you lie about that and the employer does find out you lied, you may well get fired for that lie. Often lying to a new employer does more damage to your career than whatever mistakes you made at an old employer ever did.
 

commentator

Senior Member
Agree wholeheartedly. Filing a claim for unemployment insurance benefits should be your first action, regardless of your reason for termination. The decision to grant benefits will be made by the agency after speaking both with you and the employer, and it should, in any case, give you a very good idea of how the former employer is interpreting your termination for cause.

By the way, the whole "we will give out only your dates of employment and reason you left the job" is totally not binding in the whole unemployment system (which is, for most all intents and purposes a closed system, in that no other employer or outside entity will be able to read or see what the employer has said during the claims approval/denial process.) They will ask, and the employer is fully entitled to respond with what they terminated you for, a determination will be made by the unemployment system whether their reason meets the definition of job related misconduct sufficient to justify termination.

If the issue with your whole question is related to unemployment insurance approval, let us know that, and we'll address it. Essentially, it's a whole other ball of wax, and yes, in that agency situation, they are NOT obligated or committed to staying on a script of providing dates of employment only.

But what goes on in unemployment insurance has nothing to do with your moving forward and obtaining another job. Unemployment benefits, even if approved, are designed to be a very temporary situation, until you move forward into another position. And I do agree, lying to a prospective new employer is rarely a good idea.

However, you can work on your responses before you are asked, determine just how much basically truthful information it is necessary for you to provide in an interview situation to a potential new employer. If you worked somewhere for say, five years, and you were terminated for cause, it would be to your advantage to emphasize the job responsibilities and the things you did achieve positively during those five years, skills you acquired, successes you had, much more than camping on how you were mistreated or falsely accused at the end of your employment. Except for when you are filing a claim for unemployment, no one now wants to hear very much more about what a terrible job that was, how awful the supervision or the situation was, or how badly you were mistreated.

I would, in interviewing for other jobs, work under the assumption that what they were going to get from a past employer was just that, the confirmation that you did work for them and your dates of employment. It is usually up to you what you say about what went on at that job, and you can usually find ways to make it sound extremely positive, even if it wasn't so nice.

The problem is that people who are coming out of a bad job situation, especially those who have been, for perhaps the first time in their job history, terminated for what they feel is an unjust reason, or "for cause" are overly involved in this situation which has been all important to them for the past however long. They will tend to feel that what has happened to them, the termination for cause, will forever be a factor in their lives. This isn't necessarily true.

"Left for more opportunities" "left to find better job" "wished to change field of employment" all will work as a brief reason for leaving. My experience has involved people who, in the name of being strictly honest, have written on job applications things like, 'fired for cause, accused of stealing' and 'manslaughter' (figure that one out!) and my personal favorite, 'recaptured, returned to prison.'
 
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quincy

Senior Member
Sometimes an employer must disclose to a prospective employer the reason an employee's job was terminated or the employer risks a legal action being taken against them for non-disclosure. It depends on the reason the employee's job was terminated.
 

commentator

Senior Member
Agree, the bank teller, the teacher, the coach.....very true. We're just hoping this isn't the level of "terminated for cause" that it might be here, where, indeed, the employer would be very remiss if they did not tell future potential employers of the reason for termination.
 

quincy

Senior Member
Agree, the bank teller, the teacher, the coach.....very true. We're just hoping this isn't the level of "terminated for cause" that it might be here, where, indeed, the employer would be very remiss if they did not tell future potential employers of the reason for termination.
Not only in those fields of employment, either.

For example, if an employee's job was terminated due to violent acts he committed against other employees, the first employer could be held liable if he did not disclose the reason for the termination and violent acts were committed against others in the new place of employment.

That is one good reason why an employer will disclose more than just the basic employment information to a prospective employer.

One good reason an employer will stick to the basic information, on the other hand, is to avoid any claim of defamation.
 

eerelations

Senior Member
Not only in those fields of employment, either.

For example, if an employee's job was terminated due to violent acts he committed against other employees, the first employer could be held liable if he did not disclose the reason for the termination and violent acts were committed against others in the new place of employment.

That is one good reason why an employer will disclose more than just the basic employment information to a prospective employer.

One good reason an employer will stick to the basic information, on the other hand, is to avoid any claim of defamation.
Yes, I read of a case in New England where an employee was dismissed for stealing. For whatever reason, his employer didn't report him to the police. Nor did they disclose to prospective new employers why he'd been dismissed.

So dismissed employee got a new job and guess what? He almost immediately started stealing from his new employer. New employer then found out why his former employer had dismissed him. New employer sued former employer, and new employer won.
 

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