If a person is fired on bad terms, can your former boss tell a prospecting employer...?
815079
Theoretically, yes.  The previous employer can say whatever they want when someone calls for a reference as long as it is true.  However, they open themselves up to lawsuits if they do even if it is true and verifiable.  The fired employee can claim defamation of character and the old employer will be forced to go to court to support the claims it made.  Even if they can prove the claims, it is still up to the jury to decide guilty or not guilty.  Sometimes, juries do not listen to facts.  In any event, the prior employer will lose money to defend itself.\n\nIt is usually safer for old employers to not disclose exactly what happened directly but use a little subterfuge.  Such as when the prospective employer calls about a reference say "I am going to have to refer you to our legal department regarding this previous employee."  That says there is something very bad here, but not exactly what.  It lets the prospective employer know that the prior employment had problems.  Sometimes just saying flat out "I not give a reference for this employee." will get the message across.
972816
You have to have worked for 6 months and have been laid off. If you quit, you won't get it. If you where fired , they can dispute it.
101844
Absolutely! its written in the law. Even if you are still working there, at anytime, you can ask to see your employee file from Human Resources, and ask for corrections from any mistakes. They cannot fire you because you wanted to see your file. If they do, contact a lawyer. Good Luck.
1014539
I had this happen to me,but I was the the old employer.they asked me;dates,rehireable and why the person left,work habits!!!I had a good worker,but she moved out of the state..
34135
I believe the State decides whether or not you are eligable for unemployment benefits. I think they do talk to your former employer though.
854887
A person can be denied unemployment benefits when they are fired for cause.  \n\nYou can appeal it, you don't KNOW if it's hearsay or not, but you DO know if there is a morals clause in your employment contract, or if you are an employee at will.\n\nSo if you're not happy, appeal it!  The employer doesn't necessarily have to PROVE that the alleged hearsay was true or not - just that something about you was interfering with your job performance, or the performance of  those around you.  \n\nLots of luck.
570159
no.\nif you were fired for misconduct, which is an umbrella for excessive attendance, excessive tardies, embezellment, fraud, misuse of company assets, sexual harrassment etc. \nyour up the creek w/out paddle. however fired for other reason such as poor performance or company cutback.... maybe. and also umemloyment.\n get your company handbook, where you entitled to vacation based in tenure already? \nalso  get in touch with dept of labor for your state.
450438
If you were in a Union, you would definitely have a right to find out. I suppose by your question that asking is out of the question. Have someone send them a letter pretending to be a prospective employer asking about your employment history. If they say anything about why you were fired, they have violated Federal law. You will find out why they fired you, and can sue the pants off them.
846894
Actually in the US it isn't illegal to give a bad reference although most companies steer away from it due to fear of lawsuits.  I have worked for one company that will disclose all negative, as well as positive information they have in their HR file and staff that have sued as a result.  The former employees that I know that sued did not win their suit as both types of infomation was given and some other legalities I am not aware of.  Can you sue?  Absolutely.  Will you win is another question.  And what's the point of suing if you cannot win.  Usually HR departments will only state title, dates of employment and salary confirmation though.  I suggest calling your old boss and trying to find out what he has against you.  Perhaps all was not right when yu left or maybe he has a personal grudge.  If you did something that left him upset, apologise or explain your point of view.  Ask him if there is a problem in using him for a reference,  If there is, don't use him.  It sounds like you have other references at that same job that will be better anyway so you may not need him.  As for losing the other job, I guess you could explain any problems with your old boss and take responsibility for whatever is yours to take responsibility for but I honestly don't know if it would help much.  Keep looking.  There are other good jons out there and now that you know there is a problem you can rectify it.  Good luck!
1155566
It's possible, but unlikely.\n\nAnything you did for less than 3 months you should ignore unless it has direct (positive) application to your future position.\n\nAssuming you weren't fired for for a criminal act for which you were charged.\n\nIt is perfectly acceptable to say "that job wasn't for me" and let it go at that.\n\nMost employers understand and many have been there themselves. But, it's up to you. Don't tell blatant lies, but don't offer anything negative unless you are asked.\n\nGenerally, anything you do for 3 months or less is considered irrelevant unless it directly relates to the position you are applying for, or involves criminal misconduct.
580241
I just took an employment law class so I have a pretty good idea that he would not win in the court of law.  As long as he was not fired unjustly, he has no basis to retaliate.  however, you will have to be able to prove that it was him (witnesses) and that the action was indeed in retaliation of the termination.  good luck, what a crappy situation :(  it's going ot cost you both more than what it is worth - if you fired him according to the law, you have nothing to worry about
87942
don't tell unless they ask you, or pretend like you just found out a few months after your hired.  you can't get fired for that anyway, it's against the law, and they should be Equal Opportunity Employer.
685043
There may be a policy that the former employer will not reveal that someone was fired, but they will almost always let you know if they are eligible for rehire.
556083
It would depend on why you were fired. In any written communication only state the facts, no opinion, and NO sarcasm.  You could state the events that led to your demise in an orderly time-line fashion, and from your perspective pointing out how you were acting in the best interest of the company, or not violating company policy.  Lastly appologize.\n\nIf you were violating company policy or breaking the law, and you didn't have previous personnel issues then there is hope, but only slightly.  I'm sorry I can't say more, but there are no other details upon which to comment.  Good Luck.
1043049
That's illegal. A former employer should only confirm that you worked there and your title and the time period that you were employed in that position. That's about it.\n\nI'd get a lawyer.
759007
It is much better to quit a job than be fired. If the company owes you a commission check and you have proof to support that then don't worry about your boss--go to human resources with the proof to back it up. I'm not sure what you mean when you say you have your resignation printed out so it will be on  "your terms". If you are fired first nothing will be on your terms. If you want to have a better chance of getting your commission check leave on good terms.
74765
YES they can and they have the right to find out.If you are abusive and doing personal things at work,on thier TIME that thier paying you for.they could use it to fire you.NO joke.And also if it's illiegal it could be used as evidince in a court of law. And not even a Union can do anythig about it.because it,s concidered public.It's nothing to play around with.