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  1. #1
    Join Date
    Apr 2008
    Posts
    14

    Default Resigning Over Being Terminated

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

    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, what can be disclosed based on how the events unfolded? 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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Resigning Over Being Terminated

    The employer may provide any information that is true, that they have a good faith belief is true, or that represents their honest and supportable opinion.

  3. #3
    Join Date
    Apr 2008
    Posts
    14

    Default Re: Resigning Over Being Terminated

    Quote Quoting cbg
    View Post
    The employer may provide any information that is true, that they have a good faith belief is true, or that represents their honest and supportable opinion.
    So you're telling me that this information from an HR executive and respected author is incorrect?

    "Now, it’s important to know why a company can’t 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). That’s it. That’s 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 shouldn’t, 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 what’s being said. One of these companies is BadReferences.com . They use court reporters to find out what former employers are saying. If they’re saying something they shouldn’t, your next call could be to a lawyer."

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Resigning Over Being Terminated

    It's a load of garbage. Some former employers may be reticent about sharing your full background, but they can legally tell the truth about you and your performance.

    The person who wrote that... what are they trying to sell you?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Resigning Over Being Terminated

    Yes. I am telling you that the information from an HR executive and respected author is incorrect.

    If you are convinced that they are correct, contact them and ask them to provide you with the statute or case law that prohibits an employer from giving out any information beyond what is stated. I GUARANTEE you that you will not get an answer.

    BTW, I am also a 25+ year HR professional and write a regular weekly column for an employment law newsletter.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Resigning Over Being Terminated

    It is also significant to note that this respected author, Cynthia Shapiro by the by, makes her money by providing services to people just like you.

    You pay to go to her class and then you pay to have her testify.

    She does not, however, provide a money back guarantee to either.

    Just because someone is on CNN occaisonally doesn't make them an expert. Heck, so is Larry King.

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