If a person was fired from a job-could they put they were laid-off instead?

[Bobbi7]

I was filling out an application-it said to list my last 4 employers--I've only been fired from 1 job, and if interviewed they will call to verify. What are they verifying? It also asks if a person was laid-off or fired involuntarily. Well, my last sales job from 9 years ago I was fired, due to lacking sales, but obviously I don't want to put that on there. Should I put laid-off instead?

[Satu]

Its better to tell the truth.

 

Dignity and integrity are built on honesty.

[CarrieT]

Nope.

 

When/If they call to verify, if you have lied on your application that would immediately disqualify you from being hired.

[Emilia]

Definitely lie. It was 9 years ago, there won't be any record of that. It's very common to let sales people go for lack of performance, goes with the territory.

 

No-one will call a place you worked in 9 years ago

[basil67]

I agree that they won't try to verify it because it was so long ago. There's probably nobody there now who remembers you anyway.

[jen1447]

I wouldn't lie about the circumstances but you have no obligation to list any past employers you don't want to to begin with.

[SunnyWeather]

It's my understanding--and please, if someone knows differently correct me-- that the only thing an ex employer can say if called by a potential new employer is to confirm that you worked there, and the dates employed.

 

Maybe it depends on the field and privacy laws

[Emilia]

It's my understanding--and please, if someone knows differently correct me-- that the only thing an ex employer can say if called by a potential new employer is to confirm that you worked there, and the dates employed.

 

Maybe it depends on the field and privacy laws

 

Even if that wasn't true, what else could anyone say about something that happened such a long time ago.

 

While you do have to be careful, people are far too conditioned to be absolutely truthful - while you could be joining a company where the CEO already knows that they will be selling the business and laying off everyone in 6 months' time.

 

Do think through your actions but look out for number one. The company won't give sweet **** about you - regardless of their 'mission statements'

[jen1447]

It's my understanding--and please, if someone knows differently correct me-- that the only thing an ex employer can say if called by a potential new employer is to confirm that you worked there, and the dates employed.

 

Maybe it depends on the field and privacy laws

 

There are others here much better informed about this than me but I'm pretty sure that anyone can say anything they want as far as actual laws go. (It's not a criminal matter.) The reason very few say anything negative and only state confirmation and dates is to avoid liability. (It can be a civil matter.)

[jay1983]

It's my understanding--and please, if someone knows differently correct me-- that the only thing an ex employer can say if called by a potential new employer is to confirm that you worked there, and the dates employed.

 

Maybe it depends on the field and privacy laws

 

Yes this is true. They are not allowed to give any details other than when and how long you worked there.

Edited March 28, 2016 by jay1983

[S_A]

If you live in California you are totally safe to say you were laid off. The new employer probably wont even call the ex employer because they know, in CA, they won't be getting any cheese from your ex employer anyway lol.

[Bobbi7]

When I first started working at my current job, a few weeks later, the supervisor at the time called me in with the HR rep and I guess the people that do background checks on new hires, a man was on speaker phone-must have investigated that I lied on my application about getting a speeding ticket of some sort..so I answered no, when I did get a spending ticket like the year before-and it went on my record. I thought that was odd, my current job has nothing to do with driving a vehicle, but I was surprised they did that background check on me, the man on the phone asked me why I put no, and just told him I didn't understand the question, didn't know. But I didn't get in trouble.

[Methodical]

Google your state's law bc what can and can not be disclosed varies. When you list your previous employer, there is normally fine print stating you are granting permission for the prospective employer to contact and get accurate information. Your previous employer can not over-exaggerate issues or give a negative performance review where the information is untrue. Some states also grant "immunity" so that no civil litigation can come from honest disclosure concerning a former employees work performance. Honestly, a prospective employer knows key questions to ask past employers...i.e. Would you hire this individual again?

[CarrieT]

Yes this is true. They are not allowed to give any details other than when and how long you worked there.

 

Incorrect. For example, in some states, an employer can be asked if the ex-employee could ever or would ever be re-hired by the same company. The company can then verify that, "No, that person is disqualified from re-employment"

 

The inference would be that they were fired.

[jay1983]

Incorrect. For example, in some states, an employer can be asked if the ex-employee could ever or would ever be re-hired by the same company. The company can then verify that, "No, that person is disqualified from re-employment"

 

The inference would be that they were fired.

 

Never seen anyone disqualified that way.

 

What you'redoing is setting her up to get nixed.

[CarrieT]

Never seen anyone disqualified that way.

 

What you'redoing is setting her up to get nixed.

 

I worked as a Human Resources Manager for almost a decade. We often disqualified people for this very reason...

[jay1983]

I worked as a Human Resources Manager for almost a decade. We often disqualified people for this very reason...

 

And I've seen people get fired, not disclose it and get hired elsewhere for over a decade at multiple companies. The odds of them finding out are slim to none. The odds if she tells the truth and gets rejected for it are high.

 

I'd put money on it and I'm not a gambling man.

[Empire87]

First of all there is NO way that your potential employer is going to check on the job you had 9 years ago. No company would back track that far. Usually people only list their last 3-4 jobs on their resume so if you have more than that you can edit it so that info isn't even available. How many employers have you had since the job you were fired from?

 

If it's anything over 2 then you should have no concern here. You've built up enough experience and evidence of successfully doing your job since that firing where even if they found out you were fired, they will also know that you've done the following jobs up to their expectations. Now if you've missed your quota multiple times with multiple jobs over the years then you should have a prepared answer for that as well.

 

Interviews are all about how you present yourself and word things. Let's say you were fired from your last job and they asked why you're looking now. You can say "after surpassing my quota in the previous year, corporate ended up restructuring the territory and management for ___(year). Once they did that I had to hand over the established customer base I built up in the years prior which made it nearly impossible to adequately bring in the revenue I was expected to based on years past". That's just one way to explain something like that.

 

Also you should know that your prior employers are not allowed to speak on their negative opinions of you. It's illegal. So your ex manager can't be called up and asked about you then tell your potential employer "Bobbi didn't do a good job here, she had bad sales numbers and didn't put any effort into it so we fired her".

When a company calls up previous employers, they are just verifying your employment. Making sure that you did in fact work where you said you worked during a certain time period. So you can't say "yea I worked for Merril Lynch from 08-11'" when you never worked there.

 

Other than that you shouldn't volunteer any information that can be viewed as a negative by your potential employer. So if you can, only highlight your most recent jobs:employers. Don't worry about them goin back 9 years. If a company calls up to check that far back and get details, then they'll also have the details as to the job you've done in your most recent jobs since. If you're saying you've done well in those, then they'll have the accurate image of your career trajectory and you'll be fine..

[sagamore]

I would call the company you were fired from and find out what their policy is if called. They probably get these kinds of calls from former employees all the time. Then you'll have your answer as to whether they give name and dates of service, or something more.

[whichwayisup]

I was filling out an application-it said to list my last 4 employers--I've only been fired from 1 job, and if interviewed they will call to verify. What are they verifying? It also asks if a person was laid-off or fired involuntarily. Well, my last sales job from 9 years ago I was fired, due to lacking sales, but obviously I don't want to put that on there. Should I put laid-off instead?

 

Since it was 9 years ago I wouldn't even bother putting it on your resume. Or if you do just be honest, you didn't make quota sales. It's not like you didn't try, you didn't make awful mistakes along the way either. Sales is hard and one has to have a certain gift of the gab to excel in a job like that.

[Emilia]

Does that company still even exist?

[Emilia]

When I first started working at my current job, a few weeks later, the supervisor at the time called me in with the HR rep and I guess the people that do background checks on new hires, a man was on speaker phone-must have investigated that I lied on my application about getting a speeding ticket of some sort..so I answered no, when I did get a spending ticket like the year before-and it went on my record. I thought that was odd, my current job has nothing to do with driving a vehicle, but I was surprised they did that background check on me, the man on the phone asked me why I put no, and just told him I didn't understand the question, didn't know. But I didn't get in trouble.

 

In the UK you only have to put down unspent criminal convictions, not speeding tickets. I don't even think HR would know unless they had personal connection with the police.

[Bobbi7]

So, if I don't list a job, they will never find out about it? Then there's a question saying if you were ever terminated from a job.

[beatcuff]

that the only thing an ex employer can say if called by a potential new employer is to confirm that you worked there, and the dates employed.

 

a little knowledge is VERY dangerous. a former employer can say 'whatever' they want. nearly all do NOT for fear of lawsuits (slander). well not for fear of the suit, rather what do they really gain (by telling the truth) v lose (defending those statements in court) that is why they will provide only dates of employment.

 

OP, drop the job in question. applicants will often provide only 'relevant' job experience (some to 'hide' their age). relevant is your definition --- only jobs in the field you are applying or dropping a short term (less than a year) job or in this case, so old its not useful.

[jen1447]

Bobbi, are you in the US? I was curious enough so I looked it up ....

 

There are no specific laws barring employers from giving references on former employees. Those references can include anything the employer wants to say about you, as long as the information is true. If they say sth that's not true however, they expose themselves to civil liability in the form of slander or libel suits. Slander and libel are civil law matters, not criminal law matters, so it's not like the police will go arrest them for saying sth untrue. But they can be sued.

 

Most companies don't say anything beyond confirmation and dates in order to avoid this very thing. Even if they say only true things, suits can still be brought alleging wrongdoing that they'll then have to defend against, and as beatcuff mentioned, that's a very low percentage position to take when the payoff is bscly nil. So they put policies in place to essentially say nothing to avoid the whole mess.

 

In your case specifically, the job you were terminated from would very likely say nothing about the reason for your departure and only confirm your employment and the dates.

 

Couple other things -

 

The ticket probably was revealed in a criminal history search, which almost all companies will run on prospective or new hires at some point. Normally criminal history searches don't turn up driving infractions since they're usually misdemeanors but once in a while they do. Not a big deal unless your job involves driving for the company.

 

Old employers - that's a tough one for employers to run down without being informed of them, being as (despite what ppl may say) there's no 'master database' of a person's employment history. Really persistent ppl can find out from credit headers and stuff like that but it's usually far from comprehensive. I doubt anyone will go to the trouble unless you're trying to get in with a very 'serious' company for a serious position.