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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Resigned but Was Reported As Terminated

    To start with, that is not illegal retaliation.

    There is nothing stopping you from telling employers up front what to expect when they call for references. What hurts you a potential employer being blindsided, not the facts themselves. "I resigned my last position but there was a bit of misunderstanding and you may hear that I abandoned my job - here are the facts of the matter" should pretty much take care of it.

  2. #12
    Join Date
    Apr 2009
    Posts
    6

    Default Re: I Resigned but Was Reported As Terminated

    Quote Quoting cbg
    View Post
    To start with, that is not illegal retaliation.

    There is nothing stopping you from telling employers up front what to expect when they call for references. What hurts you a potential employer being blindsided, not the facts themselves. "I resigned my last position but there was a bit of misunderstanding and you may hear that I abandoned my job - here are the facts of the matter" should pretty much take care of it.
    Actually from what I have read on California

    Unemployment Insurance Code Section 1142 provides:

    (a) If the director finds that any employer or any employee, officer, or agent of any employer, in submitting facts concerning the termination of a claimant's employment pursuant to Section 1030,1327, 3654, 3701, 4654, or 4701, willfully makes a false statement or representation or willfully fails to report a material fact concerning such termination, the director shall assess a penalty against the employer in an amount not less than 2 nor more than 10 times the weekly benefit amount of such claimant
    http://www.edd.ca.gov/uibdg/Miscellaneous_MI_45.htm

    Again my ex-employer is doing something wrong, I turned in a resignation but they report me as a termination. This is misrepresentation on my character to a government agency.

    I am not happy with my ex-employer reporting me as terminated when I resigned first. I will seek counsel to see if I can pursue this matter further.

    Thanks for your views.

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