What would you like to do?
"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).
266 people found this useful
Was this answer useful?
Thanks for the feedback!
Is it legal for an employer to fire someone for theft when there is absolutely no proof that they took anything?
Answer No. It is a misconception that an employer cannot terminate an employee without specific reason. The employee may have g…rounds to file suit against an employer if it can be proven that he or she were discriminated against under the EEOC laws and regulations.
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.
Yes, if there is good reason for the action. It is a misconception that employers cannot impart information concerning the dismissal of an employee, the only stipul…ation is the information must be accurate and substantiated.
If they have your authorization to contact previous employers and the previous employer tells them you were fired, then yes, they find out.
only if it is public record
Yes of course you can. You owe restitution in any case, whether you are still employed there or not; the fact that you committed theft is grounds for firing--and you oug…ht to be.
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.
Although you may be upset about it whatever you do, do not go off on them. Just talk it out, ask why your being fired and see if there's anything you could possibly do t…o keep your job. But don't beg to keep your job, and if they say that there isn't anything that you can do then accept that.
By checking your criminal history record, which in the US is a public record. It will show all offenses you have been involved in since your 18th birthday.
If you find out your employer called police because they are accusing you of theft can you be arrested?
They may accuse as they like, and are certainly free to call the police, but short of a video tape of you doing it or several witnesses, it is unlikely that the police will ar…rest you. They are more likely to simply remove you from the property. (You didn't say, but I would assume you have just been terminated.) In any case, you may feel free to consult with an attorney if you believe there is a chance that the company will pursue this civilly, or if the police do actually arrest you. If they do, say nothing but your name until you have seen that attorney. (A speech on this issue that has questionable advice in it is available in the discussion section.)
Court records are public records in the United States. Whether or not an employer will check those records is another story. An employer can find out about a conviction. Wheth…er or not an employer will find out about a conviction is a different issue. The fact that following your conviction you were held under house arrest is irrelevant. The nature of the punishment is irrelevant. The fact that you were convicted is the relevant issue. Was there a deal made that would get the conviction removed from your record? Was that part of any agreement? It is illegal for an employer to fire you in the United States because you were arrested. It is legal for an employer to fire you in the United States because you were convicted. Is the conviction on your record?
Yes. Legally, they are allowed to say anything that is factual and accurate.
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.
Liability falls first to the employer. However, employees who costan employer money could be held liable if the employer files aclaim in civil lawsuit or in small claims court…. For example: A man is hired to work on a job install tiling in a bathroom.Though a sub-contractor, the man cuts the tiles wrongly, appliestoo little adhesive so some fall down, and in frustration the mansmashes half the tiles. This costs the main contractor $3,000 intime, supplies, and salaries. Though he fires the man immediately,the contractor also sues the sub-contractor for the losses. Aswell, the homeowner files a claim against the main contractor, soas a result the main contractor in turn can sue thesub-contractors.
In Criminal Law
Depends on how much you are charged with stealing.The employer can decide to report the theft to the police whenever it chooses.