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If I was fired and I am currently in the appeal process, what can I put on present job applications as my reason for leaving?

Hayward, CA |

Involuntarily terminated for policy violations. Union Appeal process is near the end and things don't look good.

Attorney Answers 3


  1. In terms of what would not leave you subject to the future ramifications and/or termination, you would have to put the truth on your present job applications. If you chose to weave a creative tale and indicate you are not in the union and just doing your own side work for cash or whatever fiction you create, that’s your choice, but that’s going to leave you subject in the future for termination if your new employer ever discovers the true facts. It is certainly a slippery slope situation.

    I hope this is helpful.

    John N. Kitta
    Fremont

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  2. The truth. Anything short of that and you run the risk of being terminated once the new employer learns the truth.

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  3. You can and should state the truth because, as my colleagues pointed out, you will be subject to being fired (and probably will be fired) if the new employer learns the truth. Then, you will have two firings on your record and you will probably be denied unemployment benefits as you will have been fired for misconduct (the false statement).

    Think about why you violated the employer's policy. Did you know about the policy at the time? Did you have a medical problem that interfered (say, for absenteeism or tardiness)? Perhaps you can describe the underlying reason (very briefly) instead of the employer's stated reason. For example, "Fired for violating a new policy that had not yet been distributed by my boss," or "Violated attendance rules during period when mother was gravely ill; not eligible for FMLA."

    @MikaSpencer * * * twitter.com/MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. * * * Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. * * * No attorney-client relationship is created based on this information exchange. * * * Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis.

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