What would you like to do?
Can an employer find out if you have been fired for theft?
"I don't think they can find out why you were fired..."
No law prevents employers from asking or discovering why you were fired, AND taking it into account. Do all you can to try and not get fired.
"By law, the only information they can get from your other employers is the dates you worked there and whether or not they will rehire you.
- Not at all true. Pay, raises you got, dates, job titles, quality of work, etc. There's a lot that they can ask. More than they can't in fact. It's just that most companies won't readily if at all give it.
"If the new employer contacts the old employer, it is illegal for the old employer to give out detailed information"
There is no such law. See above. Neither employers nor individuals can be successfully sued for reporting facts honestly, regardless of the harm the truth causes.
"Technically they are not allowed to ask a previous employer why you are no longer with them"
Still wrong. See above.
Criminal records kept by the court system are public records and are generally available to employers. The only restriction given by the FCRA is that an arrest record that is over 7 years old cannot be included in an employment check. However the FCRA gives no time restriction on an actual criminal conviction.
Employers may request court records from every jurisdiction where the candidate has lived. Typically employers use a consumer reporting agency to do the criminal check for them. Laws on checking criminal history vary from state to state.
The answer to this question depends in large part on the state you live in. State laws differs on what they allow previous employers to communicate to prospective employers about employees. Some states, in fact, have passed laws protecting previous employer from liability when the make a good faith effort to communicate to a prospective employer the factual reasons why an employee was terminated, even if it reflects poorly on the employee.
Most claims filed by employees against previous employers for giving out information to prospective employers are based in defamation (libel, if in writing, or slander, if spoken). Fact is an absolute defense to a claim of defamation. So, if what a previous employer says about an employee is true, the defamation claim will likely not succeed. One of the reasons employers have moved away from divulging information about prior employees is not because they will violate the law by doing so, but because the cost of litigating defamation claims of former employees can be very expensive, even if the employer did nothing wrong. Many employers just don't think it is worth the cost of litigation to share unfavorable information about an former employee.
It is generally not against the law for employers (in most states) to give out any information about past employees, regardless of whether they left on good or bad terms. However, most companies will not give out any information other than employment dates, title, and sometimes their salary. The reason for this is because so much weight is given to what a past employer may say that if the company giving out the information makes some kind of mistake, they can open themselves up to a lot of liability from both the prospective employer or prospective employee and then gives rise to costly litigation that companies want to avoid.
If, for example, you were terminated for theft and the company you worked for called and asked what the reason for discharge was and the company said you left on good terms, and then you go on to the new company and embezzle them and they find out later that you were discharged for misconduct, that previous employer has opened themselves to liability because they did not give out the correct information. It works vice-versa too, whereas your past employer mave have said something unfavorable about you that gave your prospective employer reason enough to not hire you. This opens them up to a liability as well.
Therefore, the vast majority of companies will not release anything more than what I said above. I have worked for both very large and some smaller companies in HR where we try to get this information from past employers. They simply do not want to open themselves up to this liability and make it company policy to only give out the very basic duration of employment, title, and if you're lucky, salary.
Sometimes some companies will make a exception to some of this if they have a written authorization signed by you. But usually this is only done for high level positions and they still will not give out any valuable information regarding your particular job performance or reason for termination. The only additional information you might be able to get is was the reason for separation voluntary or involuntary, or they might indicate whether or not you're eligible for rehire (if they say "no", that's a dead give-away that you were involuntarily terminated without actually saying it).
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State agencies governing unemployment claims have a fertile pool of job seekers who have been discharged.
Can an employer threaten to fire you if they find out you have attended an interview at another company?
Legally no they can't as it is not illegal to go and do things within your free time such as an interview. That is why most job application froms include a question of whether… you (the applicant) agree for this new prospective employer to contact your present / previous employer now or after they offer you the pending job! Your employer may become unhappy by the knowledge that you were seeking employment somewhere else without informing them before hand. So in theory it depends on how your employer reacts to your intentions of wanting to leave; but in reality it is not illegal and therefore your employer would be committing what is known as unfair dismissal if they decide to fire you.
What are previous employers allowed to say to other employers inquiring about you and can they reveal that you've been fired if you live in California?
Generally, previous employers are only allowed to share basic information to potential employers. This includes length of time with the company, salary paid, and if the previo…us employer would rehire the candidate. It is illegal for previous employers to say anything negative that will prevent the candidate from obtaining future employment with another company.
Yes, of course.
Being fired is a civil or employment matter. Theft is a criminal matter. One does not affect the other.
There are no federal laws restricting what information an employer can disclose about former employees. If you were fired or terminated from employment, the company can say so…. They can also give a reason. For example, if someone was fired for stealing or falsifying a time sheet, they can explain why the employee was terminated. That said, because of laws regarding defamation (which is slander or libel) companies are usually careful about what information they provide to hiring managers confirming employment or checking references. What they say has to be the truth or the company can be subject to a lawsuit from the former employee. Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary. State labor laws vary, so check your state labor department website for information on state labor laws that limit what employers can disclose about former employees.
Will a background check by a prospective employer find out that you had been fired from your previous job?
Answer Nope, but a reference check will do the trick. If they call your past employers for a reference check, they'll more than likely find out.
they always check your background first and if they didnt they couldn't fire you
Yes. Legally, they are allowed to say anything that is factual and accurate.
In California - IMMEDIATELY, but it varies from state to state. If you are made to wait for your final check past the law limitation, you can file a claim to be compensated an… 8-hour work day for each day until you receive it at your most current pay rate - with a max of 30 days. For example, if you earn $10.00 p/hr and you were fired on Monday but you didn't receive your pay check until Friday, you are owed $320.00 (minus taxes) for the 4 work days you had to wait. Accrued vacation counts as earned wages too and the same rules apply. If you're in California, check the Related Link below, otherwise check with your state's site.
An employer can withhold not a penny of your paycheck without your prior written permission. Not fed taxes, not social security, not 401K or pension. And not money allegedly …stolen. Employer pays you in full and then sues you for the theft.
What are previous employers allowed to say to other employers inquiring about you and can they reveal that you've been fired if you live in Phoenix Arizona?
Previous employers can tell prospective employers the dates in which you were employed and whether or not they would re-hire you. If they won't rehire you…, that is the clue that you were/are trouble and it is just as good as the "fired " word to a prospective employer. The above answer is INCORRECT. Former and current employers can LEGALLY say anything correct about an employee that they want to. While many companies have internal policies that define what employees can and cannot say about current or former employees, those policies fall far short of being laws in any sense. Policies are nothing more than rules generated by the HR department and adopted by a company. They include everything from how many paid vacation days the company offers to rules about attendance and punctuality. But they are not laws that some legislative body external to the company has made to which a criminal penalty has been attached. That is the difference between the rules a company decides to adopt and laws that make it illegal to do things like speed or run stop signs. For example, numerous job seekers wonder, "What can a former employer legally say about me?" If that question is taken literally, the answer is "anything." I'm not aware of any laws that restrict or bar employers -- or anyone else -- from exercising their First Amendment right to free speech. That is not to suggest, however, there are no consequences associated with what is said, especially if it's an intentional lie. In other words, freedom of speech is not absolute. The classic example is you can't shout "fire" in a crowded movie theater and claim you're not responsible for any injuries you cause, because you were just exercising your right of free speech. Similarly, although there are no laws restricting what prospective employers can ask either, there may be legal consequences if a hiring decision is based on the answers. For instance, asking questions about age, race, sex, religion, national origin and so forth, all of which are federally protected categories, isn't unlawful, but it certainly is unlawful to make an employment decision based on the answers to any of these questions. You can ask, but if you act on the answer, there very likely will be negative legal consequences.
If you have been previously fired will that information be available in an investigative consumer report by your future employer?
In most states it will not be available.
If they have your authorization to contact previous employers and the previous employer tells them you were fired, then yes, they find out.
Yes. An employer can interview an employee regarding a theft from the company. The employee should carefully review the company policies received at the time of hire and that …should be clearly posted at the place of employment. Generally, the employee can choose to have a union representative, lawyer or other person present during the interview or can refuse to be interviewed. However, if they refuse, they may be subject to termination depending on the posted company policy. If an employee is involved in theft from their employer, they should consult with an attorney before being questioned.
No, they can not. That would be Unfair Termination. You have not done anything criminally wrong. A Restraining order is to protect you.