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  1. #1
    Join Date
    Jan 2020
    Posts
    3

    Default Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    My question involves labor and employment law for the state of: Texas

    This is probably going to be a weird story but I'll try to be succinct. I worked for a company for 9 years and received 3 promotions. The previous dept. I was promoted to was very stressful and caused an uptick in my anxiety. I went through the process of requesting ADA Accommodations which were rejected and lead to me being put on paid admin leave as I was no longer considered qualified. My company allowed me to interview for other positions that did not trigger my anxiety. I interviewed for many positions and was not selected for any. Subsequently my company pulled out the old compromise, settlement agreement asking me to resign in exchange for money. My attorney reviewed the facts and sent the company a demand letter to try to negotiate a better settlement for me. Long story short they low balled me on a settlement and would not budge giving me a deadline to respond. My response was to decline their offer and my intent was to file with the EEOC.


    Subsequently I received a non disciplinary termination due to incapacity. (they say in good standing). Since I work for the gov. I was given the chance to appeal which I did furnishing all my performance evaluations as I was not a problem employee, my boss was honestly a nasty person. Later I was called for an interview and hired back on with the same company approximately one month after my termination. (different department) Pretty much everything in my People soft, other than my emails, were the same. So here are my questions.

    Do I have to mention the 1 month termination when applying to outside companies although I was re-hired? If so, how do I do it without having to go into my disability.

    Is there a chance that I can ever promote in my current company or am I going to always be seen as a "trouble maker" or the employee that will lawyer up.

    What implications might this mean for the company?

    Can any prospective employer just call up and see this in my file?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    1.) You're not legally required to, no. But I can't promise that the company won't mention it when called for a reference.

    2.) I can't possibly estimate your chances of promotion in a company I know nothing about.

    3.) What implications might what mean for the company?

    4.) No. No other employer can see your file. That is the property of the company and in 40 years in HR and benefits I have NEVER seen a copy of the file submitted to anyone but the employee (which is required in my state) short of a subpoena. And another company is not going to be able to get a subpoena to see your file; the few times I've seen them it's been with regards to a lawsuit, a workers comp claim, or both. However, other than medical information, the employer may give prospective employers information about you.

  3. #3
    Join Date
    Oct 2016
    Posts
    3,664

    Default Re: Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    Are/were you a goverment employee or a private sector employee.

    You wrote, "Since I work for the gov. I was given the chance to appeal...", but then you start writing "company".

  4. #4
    Join Date
    Jan 2020
    Posts
    3

    Default Re: Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    Quote Quoting PayrolGuy
    View Post
    Are/were you a goverment employee or a private sector employee.

    You wrote, "Since I work for the gov. I was given the chance to appeal...", but then you start writing "company".
    Perhaps I should have been a bit more clearer. I work for a local municipality which is the government. Sorry for that confusion. I guess in theory if they don't ask for dates it might not be an issue. I was termed on July 12 and started back work on August 12. So theoretically I was employed some of July as I was still on the company payroll even if I received paid admin leave.

    I know that the questions are a bit out there, but the reason I asked the 2nd question because I wonder if I had a future career in terms of promotion or will HR always know me as the good employee that went rogue. My thoughts are that I would always be a liability.

  5. #5
    Join Date
    Oct 2016
    Posts
    3,664

    Default Re: Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    Quote Quoting fraulein
    View Post
    Perhaps I should have been a bit more clearer. I work for a local municipality which is the government. Sorry for that confusion. I guess in theory if they don't ask for dates it might not be an issue. I was termed on July 12 and started back work on August 12. So theoretically I was employed some of July as I was still on the company payroll even if I received paid admin leave.

    I know that the questions are a bit out there, but the reason I asked the 2nd question because I wonder if I had a future career in terms of promotion or will HR always know me as the good employee that went rogue. My thoughts are that I would always be a liability.
    Yes, you should be clear when asking questions.

    We don't know your employer or their HR department. And couldn't begin to guess how they will react to your situation.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,981

    Default Re: Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    Quote Quoting fraulein
    View Post
    Perhaps I should have been a bit more clearer. I work for a local municipality which is the government. Sorry for that confusion. I guess in theory if they don't ask for dates it might not be an issue. I was termed on July 12 and started back work on August 12. So theoretically I was employed some of July as I was still on the company payroll even if I received paid admin leave.

    I know that the questions are a bit out there, but the reason I asked the 2nd question because I wonder if I had a future career in terms of promotion or will HR always know me as the good employee that went rogue. My thoughts are that I would always be a liability.
    I would ignore that month when giving dates.

  7. #7
    Join Date
    Jan 2020
    Posts
    3

    Default Re: Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    My concern is that because I work for the government that someone could possibly do an open records request. I don't think most prospective employers will go that far to vet a candidate, but this concerns me that they will see that my termination was due to incapacity for a disability.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Do I Have to Say I Was Fired Should I Not Be Honest Please Read

    Why should that concern you? Even if they did find out, which is quite unlikely, they can't legally make employment decisions on the fact that you took a disability leave.

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