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Fired.how to handle in interview


I was recently fired form a job I was at for 5 years.  This came a few months after I filed a formal complaint with HR that one of the owners was harassing me and following me around.  I was told it was my bad attitude.  I have over 10 years experience and have always done a great job and never left a job on bad terms.  How do I handle this at an interview and what do I say?

In Massachusetts, a potential employer can only VERIFY the dates of employment and salary.  Therefore, I would say that you were layed off.

Start with calling and finding out what they will say, then you can match to that. 

Do you know where I can find out what the law is in Pennsylvania?

It really doesn' t make any difference what the law is, you need to know what they say about you.

First, I highly doubt that ANY law states what an employer can say about a former employee. I challenge you to point to the law that says that in Massachusetts or any other state. As a CFO, I receive various news letters and commentaries from our attorneys regarding employment law and this alleged restriction on references is NEVER mentioned.

A reference giver can say anything about a former employee. This includes attitude, work habits, tardiness and absences, on-job drug use, etc... If the employer says something false, it is up to the former employee to pursue legal action.

Having said that, you need to say the same thing your employer is going to say. If they say that it wasn't a fit, that's what you say. If they mention your attitude, you have to address that.

Call your HR department and ask how they will respond you a reference call. See if you can coordinate your answers and make it something benign. DO NOT go into the harassment issue.

I have friends who are the heads of HR Departments and when I was laid off of my last job I was told the same thing that HR friends had always told me....  We can verify your dates of employment and salary (the caller needs to state the salary and the HR Department can confirm or deny it, but can not give the salary).  They are also not allowed to state anything about performance.  That is why you need references.  The HR Department does not act as a reference department - they can only verify salary and dates.

That' s not to say that your manager can not say something about your performance if you provide them as a reference.  I am talking strictly about the HR Department.

You should probably try and call the local office of unemployment and see if they can direct you. 

What a company employee (any employee, supervisor, manager, HR, co-worker) will or won' t say is a matter of company POLICY, not a matter of law.  So, many people a) know the policy and b) follow the policy, but you should not go on the assumption that all companies will only give dates.  It just is not true.  And, in my experience, HR knows the policy a lot better than anyone else so there' s no telling what a former supervisor will say in a situation like this unless you ask.

In addition to it not being illegal but company policy as Tess and others point out, it is important to remind yourself that there is a difference between

1. Verifying Employment.  "Yes Some worked here 2001 - 2005 starting salary was 34K ending salary was 52K. Yes, Some would be eligible for employment here again."  &

2. Checking References: That is a very different process than me as a hiring manager asking you for references.  I let HR verify employment.  I won' t give up to HR checking references.  A reference is simply that.  Someone who can reference your knowledge, skills and attitude.  I will ask a reference,  Would you hire him/her again?  What did s/he excel at? Where was s/he weak? On a scale of non-team player to team player where did s/he fit and why? And I might even verify if you told me in the interview that  you saved the department $2 million a year in innovative cost-cutting if that was true.

In the interview be sure to understand what the company will do related to reference checks.  I have a reference list that is split into 2 parts.  The first part is labeled HR contacts to verify employment.  The second part are my actual references --those people who will say rock solid positive things about my skills, experience, knowledge and attitudes.  My references include past managers and a couple of clients.  I will say something like: "I worked at XYZ company.  They are a name rank and serial # company so when you call HR they will only verify my employment.  However, Sue S was my manager and if you call her directly she can unofficially talk about my skills, knowledge and experiences related to XYZ company."

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