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Question: Can a potential employer find out if you were terminated/fired for gross misconduct/misconduct?

(Posted by: Nicky Patt on 2010-03-15 09:25:03)

If someone were terminated / fired from a job for misconduct/ gross misconduct, could the potential employer you're applying to and interviewing for find out? Would it be listed on your public records or on a consumer report or on some other special report. Would this information be known only if the person volunteers this information about themselves on the job application or in the job interview? If a person wants to seek new employment with a history of having been fired for misconduct, could they do so without difficulty?

Posted by: Charis P on 2010-03-15, 10:28:52

While there are no public records for termination, most potential employers will run some form of background check on employment candidates that may reveal prior terminations for misconduct. The most basic method is by requiring a candidate to disclose all past employment and a person to contact to verify each employment. When former employers are contacted to verify employment they will often also be asked for a reference and while many employers may avoid saying anything disparaging about a former employee who was terminated to avoid potential legal liabilities, there is no actual legal obligation for them to refrain from disclosing that an employee was terminated for cause and the reason for termination so long as they are telling the truth. You could omit the employment history in question when applying but that might create more problems in explaining the gap in employment history and could also subject you to termination for cause if you get the job and the truth about your employment history is discovered later on. For example, some employers will require submission of a copy of your prior W-2 income statement for various reasons.

Posted by: Rico on 2010-03-16, 01:08:55

An employer might find out if you use a reference from the place that you got fired from, after you've made up some other cover story. The alternative is to be truthful, tell the interview the truth, and then back it up with 'I believe I was falsely accused'.