If you’re applying for new jobs after a termination, you may be wondering whether or not a previous employer can say that you were fired. You are right to be aware that your prospective employer may check on the reasons you left your job. Being prepared for what your former employer will tell inquiring hiring managers about the circumstances of your departure from the company can help you put the best possible spin on what happened.
When an Employer Can Say You Were Fired
The fact of the matter is that, in most cases, employers aren’t legally prohibitedfrom telling another employer that you were terminated, laid off, or let go. They can even share the reasons that you lost your job. However, if an employer falsely states that you were fired or cites an incorrect reason for termination that is damaging to your reputation, then you could sue for defamation. The burden of proof would fall on you as the plaintiff though, to prove that the information shared by your past employer was false and damaging, in order to win the case. In most cases, the hassle of the court process and the legal fees aren’t worth it.
What Information Employers Typically Share
Fortunately, most employers will be very cautious about sharing any informationthat might be harmful to a former worker for fear of legal repercussions. Many organizations limit their staff to providing only dates of employment and job titles when inquiries are made about past employees.
You can be proactive during your exit interview (if you have one), and ask what the company policy is regarding the information they release to hiring managers from other companies.
Check State Law
In addition, state labor laws vary, so check your state labor department website for information on the laws in your state that limit what employers can disclose about former employees. You’ll also find other useful information about what rights and services you are entitled to as a worker who has been fired.
How to Answer Questions About Being Fired
Even if you think your past employer won’t share the fact that you were let go, you should always be as honest as possible when discussing your circumstances – although there are indeed right and wrong ways to answer questions about a firing. It can be an awkward conversation, but being prepared for the question will give you the opportunity to construct an answer that leaves you looking as good as possible, regardless of the reasons. Be aware that if you tell a lie and end up being caught, that misinformation can be grounds for withdrawing a job offer, or even terminating you later on if it’s discovered by your employer.
When you have been fired, regardless of the reasons, you will need to address the situation with prospective employers as well as your colleagues, friends and family. Take the time to process the reasons, whether they are due to shortcomings on your part, or entirely circumstantial, and try to represent the facts in as flattering a way as possible.
Remember to leave any bitterness or blame out of the conversation with prospective employers, and focus on how you have addressed any personal issues and/or enhanced your qualifications as a result of the termination.
This article originally appeared in:
https://www.thebalance.com/can-an-employer-say-you-were-fired-2059537