Son needs a Job - but I have a question about a job he lost

[crisi]

They can also be sued by the new employer for failing to give vital information about a reference. It is best to be honest and answer any questions asked about the former employee. I would not volunteer they were fired but would truthfully answer why they left our employ, if asked.

"I was there such a short time and it really wasn't pertinent to this position."

More than half of my career isn't on my resume. I'm old, and jobs I held twenty years ago generally aren't pertinent. I started a new job and said something about something I did a long time ago and my new boss said "that wasn't on your resume" "Yeah, if everything I did was on my resume it would be a small novel, not three pages."

Another trick - have him set up a small freelance IT business. Fixing people's computers, small business IT support, or something - it will give him something on his resume that will look like he's been doing something industry pertinent in the meantime.

 

[disneychrista]

"I was there such a short time and it really wasn't pertinent to this position.".

I was talking about the new employer suing the former employer for not giving them information about why they were fired. Employee was fired for stealing, then steals from new employer. New employer sues former employer for not being honest about why the employee was let go.

Like I said I would not necessarily volunteer this information but if asked I would be honest about if asked why the employee left.

 

[crisi]

I was talking about the new employer suing the former employer for not giving them information about why they were fired. Employee was fired for stealing, then steals from new employer. New employer sues former employer for not being honest about why the employee was let go.

Like I said I would not necessarily volunteer this information but if asked I would be honest about if asked why the employee left.

Good luck to the employer with that one. If no charges were pressed and the employee wasn't found guilty, there isn't much of a leg for the new employer to sue over.

And if you fired me for stealing, and didn't press charges and then told someone who called that you fired me for stealing, I'd have you in court so fast your head would spin with "prove I stole from you - and if I did - why didn't you press charges?" Which is the reason employers simply state "yes, he worked here from date to date, his title when he left was chief bottlewasher, for which he made $7 an hour and no, he isn't eligible for rehire."

 

[curiouscat321]

I'm currently studying Computer Science and looking for jobs, so I figured I would give my two cents:

In my opinion, Computer Science students seem to go into two industries: software companies and IT departments of non-software companies. IT departments are fairly typical when it comes to hiring standards - they look at grades, jobs, references, everything. Software companies are different. They want proof that people can code. This can be in the form of a job, or simply little projects on the side.

My recommendation would be for your son to go build a website, or an iPhone app, or contribute to an open source project. Honestly, that experience could potentially be more valuable to his career than his college degree. There's a great subreddit (I'm not sure of DIS's opinion on reddit) called /r/cscareerquestions that's all about finding jobs for people with CS degrees. Some little projects will get companies' attention and get his foot in the door. At that point, he can take the hotel job off his resume and forget the whole experience ever happened.

 

[disneychrista]

Good luck to the employer with that one. If no charges were pressed and the employee wasn't found guilty, there isn't much of a leg for the new employer to sue over.

And if you fired me for stealing, and didn't press charges and then told someone who called that you fired me for stealing, I'd have you in court so fast your head would spin with "prove I stole from you - and if I did - why didn't you press charges?" Which is the reason employers simply state "yes, he worked here from date to date, his title when he left was chief bottlewasher, for which he made $7 an hour and no, he isn't eligible for rehire."

Who said the cops weren't called? Who says there isn't any proof that you stole?

 

[crisi]

Who said the cops weren't called? Who says there isn't any proof that you stole?

If you went to court and were convicted, it will show up in a background check, and there is no reason for the previous employer to risk getting the facts wrong and create a potential liability for the company. So most employers won't say anything at all. The new employer has a responsibility to perform a background check if they desire, not to rely on the word of individuals at the previous employer. If they do not choose to pursue a background check, then sue the previous employer for not disclosing the theft, they won't get very far - since they are trying to foist off their due diligence on a party that isn't responsible.

 

[disneychrista]

If you went to court and were convicted, it will show up in a background check, and there is no reason for the previous employer to risk getting the facts wrong and create a potential liability for the company. So most employers won't say anything at all. The new employer has a responsibility to perform a background check if they desire, not to rely on the word of individuals at the previous employer. If they do not choose to pursue a background check, then sue the previous employer for not disclosing the theft, they won't get very far - since they are trying to foist off their due diligence on a party that isn't responsible.

Not going to battle back & forth. It is fact that an employer can be sued for failure to disclose pertinent information IF ASKED. (remember anyone can sue for any reason and just because one CAN does not mean they should or that they will)

In my 15 years in HR I can tell you the few reference calls I do get on former employees even fewer ask more than dates of hire & job title. Once in a while they ask what the person actually did for the company. Only a few have ever ask why they left.

 

[danygirl]

Employers usually only provide employment dates because they don't want to be
Sued by former employees. Add to that someone in central hr who never met your kid will be the one they talk to. Highly unlikely they will spread bad words

 

[APiratesLifeForMe2]

It sounds like you already have lots of advice on what your son should do to address the previous incident when applying for new jobs. The one thing I would offer up is to try and keep him somewhat related to his field rather than just accepting a job to make money. I know this isn't always easy to do, especially if there are bills to pay, but building the experience is going to be very important. If he has to accept a job not related to his field of study, I would strongly encourage supplementing it with something part time or pro-bono related to his field. (i.e. delivering pizzas on nights and weekends but developing a website of his own and helping a non-profit run their site during the daytime hours) Also, most colleges have career development centers that help graduates find jobs, work on interview skills and polish their resume. I would make sure he looks into that option as well.

 

[sammielynn]

Thanks all, I have had my son read through this thread. He feels better, and has a new focus.. Something will happen for him, it is a tough job market.

 

[pryncess527]

They can also be sued by the new employer for failing to give vital information about a reference. It is best to be honest and answer any questions asked about the former employee. I would not volunteer they were fired but would truthfully answer why they left our employ, if asked.

And my HR manager says the opposite. That she will only state whether the person worked here or not because she will not open herself up to a slander lawsuit from an angry employer who thinks she's the reason they aren't getting hired.

 

[Pigeon]

Not going to battle back & forth. It is fact that an employer can be sued for failure to disclose pertinent information IF ASKED. (remember anyone can sue for any reason and just because one CAN does not mean they should or that they will)

In my 15 years in HR I can tell you the few reference calls I do get on former employees even fewer ask more than dates of hire & job title. Once in a while they ask what the person actually did for the company. Only a few have ever ask why they left.

Well yes, anyone can sue about anything, that doesn't mean they'll win a dime.

Many large, Fortune 500 companies refuse to give out any information other than dates of employment. I've never heard of any company losing a lawsuit because they failed to provide information for someone who calls for a reference. Companies have no obligation to give out that info.

 

[melissapealo]

op- I would check the laws in your state as to what prior employers are allowed to tell future employers. In NY state it is absolutely against the law for an employer to give out information about someone being fired. They can give dates of employment and give a positive reference but are not allowed to say anything if it would be a negative reference. This may vary from state to state but since I've owned a business in NY I know that's all that is allowed here. Now if someone were to call and I declined to give a reference then that would obviously be taken in a negative way but I can not legally say anything about why I decline to give a reference.
I would have your son check the laws in each state where he is applying for a job. I would also tell him not to bring it up in an interview.

 

[Gracie09]

op- I would check the laws in your state as to what prior employers are allowed to tell future employers. In NY state it is absolutely against the law for an employer to give out information about someone being fired. They can give dates of employment and give a positive reference but are not allowed to say anything if it would be a negative reference. This may vary from state to state but since I've owned a business in NY I know that's all that is allowed here. Now if someone were to call and I declined to give a reference then that would obviously be taken in a negative way but I can not legally say anything about why I decline to give a reference.
I would have your son check the laws in each state where he is applying for a job. I would also tell him not to bring it up in an interview.

https://labor.ny.gov/careerservices/PDFs/p117.pdf

Its legal for an employer in NY to say you have been fired if that is accurate.

 

[ORMom2Four]

How long did he have the job? Is it even worth putting on his resume?

He should not tell anyone he interviews with what he did, if he even admits he had that job at all. If I were interviewing and someone told me the story, this is what I would think: he has a temper and that he may have another outburst with a customer or another employee. He can't handle being left in charge and does not know how to manage under pressure. Not that this is all true, but this will be one impression someone may get who hears the story--not that he learned a lesson from it!

If he were my son, I would tell him to leave it off his resume and forget he had the job.

While the hotel company may not be able to say, "He was fired." they will not give him a good reference. A company may ask, "Would you hire him again?" and they will say, "No". (this is what Dh's company asks references)

Have him look into temp agencies. That is how my 22yo DD got her foot in the door in the business field (after working retail since she was 18).

 

[DisneynBison]

Send him up here to Fargo. We need workers, lots and lots of good workers. He won't just get a job he will find a career. Everything from IT, banking to restaurants. Heck even some of the fast food joints are offering a sign on bonus. If you can't get a job here you are not trying very hard. Help wanted signs all over. The last number I saw was something like a 2.8 unemployment rate in Fargo area.

Yes its cold but there are jobs in everything from Ag, Oil, banking, service sector, IT, manufacturing, etc. etc.

The state has Billions in the bank and isn't spending it like drunkin sailors and is positioning itself very very well for the future.

Just a quick little follow up. They came out today and just in Fargo there are over 7500 job openings.

Heck even TGIFridays is bringing in servers from Wisconsin to fill needs.
http://www.valleynewslive.com/home/...port-Workers-From-Other-States-283827661.html