I was terminated this week and the entire situation seems fishy to me. I've been with this company for 2 years and I've been given raises each of those years. The last one taking effect 4 days before my termination. I was told at the time that I didn't need to sign anything, but I have since been requesting a document I could sign detailing the reasoning so it will speed up my claim for unemployment benefits. If an HR or legal expert point me in the right direction I would greatly appreciate it. My email is username at hotmail dot com.

We're you given a specific reason for termination?

It seems very strange that you would have been terminated without some explanation. Especially just days after receiving a salary increase.

Yes, but I didn't think it was a fireable offense. I have spoken with an HR professional and it was her opinion that given the timing, and the issues I had raised, that the termination was retaliatory. I'm trying to contact the EEOC but it is a victim of the shutdown.

I've been doing some research and I'm thinking my situation is a textbook example of a retaliatory termination. I've contacted an attorney and will be meeting with him next week.
I'm not angry at all over the situation, more like shock as my record up to this event was exemplary. Sadly, this type of leadership is common within my field and I will be focusing on getting into another industry.

You don't give someone you're going to fire a raise and you don't come to the conclusion to fire someone in 4 days. Unless there are extenuating circumstances like watching porn at work.

Quote:

---

watching porn at work

---

Not all porn at work is bed. Soft girl on girl is acceptable. Anything with midgets (ooops... small people) is probably not OK.

Just my 2 cents, as some one who does a decent amount of hiring and occasionally terminations.

I personally would probably overlook "my boss was a dik " or "I got caught up in a weird situation" etc. People sometimes don't get a fair shake.

But when you call for a reference and all they will do is verify employment, it's a red flag. I would assume any legal action will result in that.

I don't know what field you're in, or where it's at, but markets / Industries tend to be pretty small. Even if you're in the right, it will follow you.

Is it a life changing windfall in a "victory"?

Not really commenting one way or another, just giving some thoughts.

I was in the same boat as you about 6 months ago. I did everything that was asked of me and was given a pay raise and a good review a month and 5 days before being let go. I saw my supervisor who terminated me at least twice and spoke with him a few more times between the pay raise and the termination with no indication that there were issues.

When I was terminated I asked for a letter stating the official reason I was being terminated. HR said they don't provide that and would only tell me I tore up equipment. They couldn't/wouldn't tell me what equipment I damaged (It was a flat tire on a John Deere Tractor).

That being said my former company did not protest my TWC unemployment claim so I guessed that part worked out for me.

I thought about suing because they kept my last paycheck and vacation as reimbursement for paying for my grad school even though the form I signed did not address termination only me "leaving the company". I still believe there is a difference between me leaving for another company and me being told not to come back. I just figure it wasn't worth the gamble of throwing more money away and then pissing off my former company and getting blackedballed in the industry.

At the end of the day I am about to start another job and wasn't even asked about my previous role during the interview. Sorry to hear your in that boat.. it sucks but better days should be ahead.

TxAgg07 said:

---

If a former employer ever did more than give dates of employment, I'd be pissed and possibly suing them if it kept me from getting a job.

---

My point is (probably poorly made) is that people are going to talk, not necessarily in an official capacity. Someone knows someone, who knows someone, and right or wrong after the telephone game you can end up blackballed. I've even seen it cross over state lines into different industries because someones assistants son was someone's frat brother, etc.

Again, not trying to say anything is right/wrong or legal/illegal, just some reality.

At a former employer it is against company policy to give references if you are still employed by the company. All requests go through HR and the legal minimum given.

At the time when I started working for them I really didn't think about the policy. Years later it's difficult to get a reference when most of my managers are still with the company.

Anyhow all that is to say most employees shouldn't be giving scuttlebutt about former employees unless they are former employees as well, especially if it is likely against corporate policy.

Zemira said:

---

At a former employer it is against company policy to give references if you are still employed by the company. All requests go through HR and the legal minimum given.

At the time when I started working for them I really didn't think about the policy. Years later it's difficult to get a reference when most of my managers are still with the company.

Anyhow all that is to say most employees shouldn't be giving scuttlebutt about former employees unless they are former employees as well, especially if it is likely against corporate policy.

---

You know this works in your favor right? You and only you get to shape the opinion of the hiring manager. The hiring manager is trying to vet you based upon your answers and behaviors when they interview you. If it comes down to what cherry picked people you say they're allowed to contact - have either of you succeeded in the interview?

Also, I've had managers who could've found something bad to say about Jesus. There's a reason HR doesn't want your old idiot boss picking up the phone and spouting off to a hiring manager.

Anecdotal evidence time: I've always circled back to my references months later to see if they ever got contacted. Not once ever had anyone been contacted.

Quote:

---

Anecdotal evidence time: I've always circled back to my references months later to see if they ever got contacted. Not once ever had anyone been contacted.

---

I have experienced the same. The few times my references/former employers have been contacted they only wanted to confirm the dates I worked for my previous company and not another question.

I've been wondering about this topic as well. I was called in to talk about some things where boss evidently recommended that I be terminated.

1 month later I get a call saying not to come the next day. They fought my unemployment which state decided was bs.

Fast forward almost 2 years and my automatic rejections continue for any position I apply for. Not saying it's the entire reason I get rejected but after a while it makes me think that the company had something to do with it

GigEm04 said:

---

I've been wondering about this topic as well. I was called in to talk about some things where boss evidently recommended that I be terminated.

1 month later I get a call saying not to come the next day. They fought my unemployment which state decided was bs.

Fast forward almost 2 years and my automatic rejections continue for any position I apply for. Not saying it's the entire reason I get rejected but after a while it makes me think that the company had something to do with it

---

So you're unemployed?

Obviously

GigEm04 said:

---

I've been wondering about this topic as well. I was called in to talk about some things where boss evidently recommended that I be terminated.

1 month later I get a call saying not to come the next day. They fought my unemployment which state decided was bs.

Fast forward almost 2 years and my automatic rejections continue for any position I apply for. Not saying it's the entire reason I get rejected but after a while it makes me think that the company had something to do with it

---

I assuming you worked in moderately large industry where there are more than just a few key players. Automatic rejections aren't based upon what your old boss said. If you're talking about applying online and it immediately saying, 'you've been rejected' its because your qualifications don't match what they want. That could be any number of things: Years of experience, education, direct experience, absence of key words on application, etc. The only way your previous situation could effect these auto rejects is if you check off any box asking if you've been previously terminated, or deny them access to a previous boss as a reference (either through a checkbox or leaving it blank).

As a side note, applying only to online postings is like chasing ghosts. A majority of the time those postings are made with key candidates in mind, they just have to make the posting online to satisfy the law. It sucks, but its the current state of employment law. Also, most of those postings get overwhelmed with applicants within 24 hours. For the longest time, anything by a major OG company had hundreds of online applicants. I'm sure its still roughly the same.

Yes I have been terminated So either leave it blank or lie?? I can't do that

And not all of the auto rejects asked. I've applied for trainee level so I don't buy the qualifications thing

GigEm04 said:

---

Yes I have been terminated So either leave it blank or lie?? I can't do that

---

My recommendation would be to not play their games on the application. Massage what you need to get in front of the hiring manager. Your previous job and your unemployment will come up in an interview. Answer it honestly and head-on and focus on any growth you've experienced since then.

If you make it past the hiring manager stage, the interviewing company will only ask your previous employer three things, and the third one is still iffy. The dates you worked, the title you held, and if you are eligible for rehire. The bigger of a company you deal with, the less information they want told to them.

I would also recommend job hunting in the following way: Get on LinkedIn, search through the Aggie Network, and find Aggies who are in areas you'd like to be in. Do not message them on LinkedIn, nobody checks that. Go to The Association of Former Students website and look up that same person's information. There will be a window to leave them an email at the address they've given The Association. That person will get an email in an inbox they most likely check with the association of former students as the sender. Ask that person for coffee or 15 minutes over the phone. Learn about what they do, but don't bring up your resume or send it to them. They know you're talking to them to get a job, but you've got to impress them before they'll offer to take a look at a resume and hand it off.

I think the part in one of the earlier posts was over looked. I'd like to learn more about "yes but I didn't think it was a fireable offense".

Can you explain that more?

All things ive been up to for 2 years but thanks...

Getting past the online application is the holdup...for insurance companies the online app is how things are done

Codes12 said:

---

Quote:

---

Anecdotal evidence time: I've always circled back to my references months later to see if they ever got contacted. Not once ever had anyone been contacted.

---

I have experienced the same. The few times my references/former employers have been contacted they only wanted to confirm the dates I worked for my previous company and not another question.

---

I work in private law practice. It is one of the few areas of employment where references are regularly contacted. So I have to continue to maintain recent, relevant references (which, honestly, isn't that hard).

I guess for references that go un-contacted, it's an exercise in making sure you can list people that would deem you competent?

agdaddy04 said:

---

I think the part in one of the earlier posts was over looked. I'd like to learn more about "yes but I didn't think it was a fireable offense".

Can you explain that more?

---

The company I worked for was under contract to another entity. That entity sent a scathing email to the GM, and that along with other things forced me to go to middle management to make them aware of management issues. I was told by HR that I would be held anonymous throughout the investigation. I was quickly dropped in the grease and when middle management contacted me, I lost my temper with him. One week later the GM is still there and I got fired. The termination said I was fired because of my temper.

Troutslime said:

---

agdaddy04 said:

---

I think the part in one of the earlier posts was over looked. I'd like to learn more about "yes but I didn't think it was a fireable offense".

Can you explain that more?

---

The company I worked for was under contract to another entity. That entity sent a scathing email to the GM, and that along with other things forced me to go to middle management to make them aware of management issues. I was told by HR that I would be held anonymous throughout the investigation. I was quickly dropped in the grease and when middle management contacted me, I lost my temper with him. One week later the GM is still there and I got fired. The termination said I was fired because of my temper.

---

I can only imagine what you are going through with the weather the way it has been for months. Hopefully you find something else.

I am struggling currently selling equipment and I really miss the course. I didn't miss it at all when I didn't have to see it everyday but now its tough.

Yes, we've met before. I sold the equipment you are selling now and ended up back on a course. Now I don't want anywhere near one. Management companies have destroyed the business.

TxAgg07 said:

---

If a former employer ever did more than give dates of employment, I'd be pissed and possibly suing them if it kept me from getting a job.

---

On what basis?

"Lost your temper" is vague. What did you do/say specifically?

Most companies have policies that's really all the information they will turn over cause the threat of anything other than that, opens the door for a claim to be filed. Also when a company ask about a employee I know every where I've worked, HR is who handles that and it's always just job title and how many years if employment.

Also remember if a former employee of the former company does give a reference, under Texas law, the employee is entitled to a copy of written information the employer provides, upon request. If the employer communicated with a prospective employer orally, the employer must provide a truthful statement of the information it provided.

None of that really answers the question

If former employer tells prospective employer "he wasn't a good worker" and you don't get the job, that doesn't give you a basis to sue