What am I obligated to divulge to a prospective employer

[Geebie]

I was recently terminated by my employer over an HR issue. The details are sketchy, as I haven't even been given a full accounting, but apparently someone complained about swearing. I was actually planning on quitting anyway, and had already been in contact with other companies. But now that they beat me to the punch, what am I obligated to divulge when a prospective employers asks why I left or am leaving? The termination was bogus enough that I am contacting a lawyer to discuss, so that issue isn't even fully resolved.

 

[Green_Hornet]

I think I would tell them what you just wrote. Leave out the part about contacting a lawyer.

 

[cbg]

You are not OBLIGATED to provide any information at all. The law has no requirements. However, in the event that they contact your previous employer for a reference (which they can do with or without your permission) what you tell them needs to match what the employer tells them. Additionally, it sets up a red flag if you do not provide an answer to that question, which is asked so commonly that you can expect to have to answer it at each interview.

Your best bet is to be as honest as possible, without badmouthing your previous employer (which also sets up a red flag) while still putting the best spin on it that you can.

 

[de_novo]

On their end by law they do not have to tell the prospective employer as to the reasons you were temrinated, just that you are un-rehirable, at least in my state. As to what you should divulge on an application or other form is the truth to the severance of your last job (terminated) and that it is for a reason that is currently being disputed. That's all I would say. If they want more details, then it would be your choice whether or not you give them any more.

 

[cbg]

I don't think there's any state that has any statute or case law that requires an applicant to give any particular information. But likewise there isn't any state with either statute or case law that says, if an applicant doesn't want to give you information about their previous employment, you can't hold that against him when making the hiring decision. If the employer doesn't get an answer that they find acceptable, they can put you in the do-not-hire pile no matter what state you're in.

In other words, it's not a question of what does the law say you have to tell them. It's a question of how can you answer their question in a way that doesn't hurt you but still tells the truth.