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  1. #1
    Join Date
    Apr 2008
    Posts
    14

    Default Does Being Fired Show Up On A Background Check?

    My question involves a background check in the State of: California

    I posted my situation in the resignation/termination forum, but wanted to see if I could get a little more feedback.

    I'll try to explain the situation as clearly as possible.

    After 2 years with my previous employer, I was forced to resign after being placed on an internal investigation by HR that came as a result of my own breach of policy.

    The company offered generous discounts for its services to employees and employee family members. Employees of ALL levels cheated these discounts and I mistakenly fell into this category not realizing that I could randomly be looked at with greater scrutiny by HR if I chose to utilize these discounts. I lied and said that a friend was a family member (thereby eligible for the discount). I was brought into the HR office and pretty much asked to confess to cheating the company; however, I denied any wrongdoing and was told to continue my duties while an investigation would take place.

    Feeling horrible and knowing that I had lied, I chose to submit a voluntary letter of resignation (2 week notice) 2 days following the HR interrogation. I stated in the letter that I had simply found new employment. 3 days later, I was contacted by my immediate supervisor immediately after the start of my shift and asked to meet with him/her in the HR office. Knowing that I would be given the walking papers, I thanked my supervisor for the opportunities presented to me and stated that my resignation was now effective and I would not be meeting in HR. I resigned on the spot without confession to any wrongdoing or agreement to termination.

    If this employer is indeed contacted by a future employer for an employment reference/background check, what can be disclosed based on how the events unfolded? Or, if a thorough background check is conducted, can this information be disclosed? Again, I am well aware of being at fault; however, I am simply interested to see what can be passed on. Is it possible that I've been placed in some type of internal employment theft database? I don't plan on being employed full-time for another couple years as I've just started graduate school, and I have been employed part-time since my resignation (which did apparently conduct a "background check"). Any feedback is greatly appreciated.

    Also, I ask because I wanted to get some opinions on the following bit of information from a well respected author/HR executive who states:

    "Now, itís important to know why a company canít really find out about your past experiences. They will lead you to believe they can, and some interviewers can be very aggressive (remember their job is on the line so they may try to trick you to confess). Today, thanks to countless lawsuits and new legislation, a previous employer can give precious little information to another company. They can only give your dates of employment, your title, what your responsibilities were, and your salary (sometimes not even that). Thatís it. Thatís all your interviewer can get out of them. In fact, if you start to suspect that someone at your previous company is saying something they shouldnít, and ruining your chances with other companies, you may be able to sue them. If you suspect this may be going on, there are companies out there that will call your previous employer for you and pretend to be a hiring manager to find out whatís being said. One of these companies is BadReferences.com . They use court reporters to find out what former employers are saying. If theyíre saying something they shouldnít, your next call could be to a lawyer."

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Does Being Fired Show Up On A Background Check?

    That website is incorrect.

    A former employer can state anything they wish to say that is true or their opinion.

    Being asked for a reference does not allow the suspension of first admendment rights.

    They can say, rightly, that you quit pending an investigation into improper use of company discount.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Does Being Fired Show Up On A Background Check?

    Okay, I actually went to the site mentioned, and this is what they promise to do...

    Notice that no where, repeat no where, does it mention case law or statute that prevents anyone from doing anything....

    REFERENCE CHECKS:
    DRC will provide you with the same information your previous employers pass on to prospective employers. All orders are contracted out to other agencies with different names, addresses, and telephone numbers. Rather than employ deceit, these contractors will identify themselves properly, welcoming correspondence and return calls by your employer. This protects your confidentiality, so your employer has no idea that you initiated the investigation and no clue the original order was placed with DRC. We diligently gather all available facts regarding your work history and attempt to verify additional information such as employment dates, titles, salary and other pertinent facts. The conversation by your previous employer will be documented. A written report is then generated, signed, dated and promptly forwarded to you. If you never litigate, you still have access to similar information that potential employers gather before making an offer of employment.

    REFERENCE CHECK PRICING:
    The standard price per targeted person is $87.95, which allows you to name any person you believe would provide valuable information (i.e., supervisor, personnel director, peer, vice-president, CEO, or whomever).

    You may target more than one person. However (from a pricing viewpoint), two persons would be priced at $175.90 and three persons would be priced at $263.85, etc.

    International calls (outside of U.S.A.) are double the above prices!

    If no contact is filled in on your Application for Reference Check, we will automatically contact the Personnel Department. If you list someone no longer employed at the company, we reserve the right to contact the current employee administering their vacated duties, or someone with access to your employment information.

    NEGATIVE(S) REMOVAL:
    If negatives are discovered, (justified or not) we offer additional services that may stop bad references, so negative comments will no longer be passed routinely to prospective employers. Our Negative Removal letter is a document that will essentially serve as a Cease & Desist. Usually, this document will convince most problem employers to stop arbitrarily giving you negative references. If not, the documentation can verify their deliberateness or possible maliciousness.

    NEGATIVE(S) REMOVAL PRICING:
    Our Negative Removal is available at $68.95. You will receive two copies to be signed by you and forwarded to the offender and the offender's supervisor. Always make copies for your records and always send your correspondence via Certified Mail/Return Receipt Requested. Only this special handling method is recognized in order to be binding. Always write the Certified Mail receipt number across the top of the letter.
    So, in a nutshell, they will call your references. If you get a reference you don't like, they will write a nasty $70 letter for you to tell them to stop. I nasty, legally non binding letter... that can ALSO be mentioned to your next reference call.

    Heck, they don't even pay for postage.

    I would work, instead, on telling the truth to your next interview and working on a way to admit to what happened without it sounding too bad.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,105

    Default Re: Does Being Fired Show Up On A Background Check?

    And I already told you, in another post, that employers may legally give out any truthful information. It is a myth that the only information employers may legally provide is dates of employment and job title, no matter what anyone tells you.

    There is no data base an employer can access that says if you are fired or not, but a prospective employer may LEGALLY ask that question of a past employer and the past employer may LEGALLY give the truthful reason why you were fired.

  5. #5
    Join Date
    Apr 2008
    Posts
    14

    Default Re: Does Being Fired Show Up On A Background Check?

    Thank you both for your feedback.

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