How do you explain a wrongful termination in an interview and on applications?

Anonymous

November 30,2022 at 2:27PM UTC

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How do you explain a wrongful termination in an interview and on applications? Long story short, I was terninated for what I believe was FMLA retaliation. The company wrote out a long letter, claiming "unprofessionalism" when I started to ask questions about why my job duties were being taken away upon return, why the promotion I qualified before going on leave was no longer on the table. I also put in an open records request (it's a government agency) for management's emails because I believe there was proof of retaliation. A few weeks later, they termed me (but offered me severance). I declined and am proceeding with a lawsuit. While the process is playing out, I'm still struggling with how to explain this in interviews. I know you're not supposed to talk badly about your ex employer, but what am I supposed to say about why I'm no longer there? Any ideas?

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Leigh JonesNovember 30,2022 at 2:50PM UTC
You shouldn’t say anything about your former employer other than there was a change in management and direction that didn’t match your goals.
Don’t expound on things, don’t go into detail and absolutely don’t mention the lawsuit under any circumstances.
That lawsuit, if federal, can come up on background checks. Don’t lie if asked, but I absolutely would not volunteer any information about the lawsuit or anything leading up to it.
Shelly EdwardsNovember 30,2022 at 2:51PM UTC
In a case like that, I would be very honest that it was a wrongful termination based on broken employment laws on the part of the former employer with action pending and move on quickly.
AnonymousNovember 30,2022 at 2:58PM UTC
Horrible advice to air your dirty laundry about an employment dispute that has potential for litigation. This is a high risk / no reward situation. To the OP-please don’t execute on this reckless recommendation.
KatNovember 30,2022 at 5:21PM UTC
Shelley and OP - this is not a good strategy. An ongoing lawsuit with a past employer is not something to ever bring up in an interview. Discussing the lawsuit with outside parties could jeopardize that legal action. You would be seen as a potential liability for any new company. They would be concerned that you would sue them to if things don't work out or that you'd need to take a lot of time off to attend to this lawsuit. Just say that there was a change in management or that you're looking for more advancement opportunities. Both are true and avoid discussing the issues you had at your old job. If the situation at your old job comes up further in the interview process, consult with your attorney on how to handle questions about it.
AnonymousNovember 30,2022 at 4:21PM UTC
Since severance was offered I would say the role Termed Out and you did not have another role available to you .
Keep it simple.
Anne KrookNovember 30,2022 at 4:38PM UTC
I wouldn't say this: it creates the impression that, given the choice, you were not valuable enough to retain. Keep it simple sounds exactly right: "unfortunately there is evidence of retaliation that is being investigated."
AnonymousDecember 3,2022 at 4:00PM UTC
DO NOT SAY THIS! Whether true or not, it makes you look like a trouble maker and you'll never get the job. While you believe you are in the right, the people you interview with do not have the context. They truly don't know if you are a person trying to sue because you a bad employee with sour grapes. Leave it vague. Franky, as the great resignation is at the tail end, upu could still you that and no one would question it.
Felicia QhamataNovember 30,2022 at 5:16PM UTC
I agree, I would say they did away with the role you were in and your were laid off.
AnonymousNovember 30,2022 at 5:28PM UTC
At my last employer I had my position eliminated due to a new boss that I didn't really align with. So instead of working with me she terminated me, it was unexpected. So in searching for a new job I let them know that my position was eliminated due to change in direction by the company. I didn't explain anything further and no one really asked. So agree - no need to tell more than specifically asked.
MsNovember 30,2022 at 7:12PM UTC
with the hundreds of thousands of layoffs happening right now - just play on the position being eliminated or a re-structure.
AnonymousNovember 30,2022 at 7:14PM UTC
I would seriously steer clear of spending time explaining that in any detail to avoid your termination becoming a focal point in an interview. Come up with a quick explanation that you can move on from. Something like, I was looking for a position that offered me a challenge and a way to build my skillset.
Cindy GrossDecember 1,2022 at 12:34AM UTC
There are always many reasons we're no longer in our last role - pick the one that's most useful to you in the context of a job interview.
Something like "I'm ready for a new challenge and your position is a great match for me."
Crystal HowellDecember 1,2022 at 4:07PM UTC
I am pursuing other business interests with a company that can satisfy my career goals of ............................................, that is all. Never volunteer, be calm and leave the other company at the door. good luck
Lesa Edwards, Career Coach & Master Resume WriterDecember 1,2022 at 5:32PM UTC
I didn't see anyone else bring this up, so I will...it's important for you to find out what the agency is going to say about your leaving the organization. Have someone you trust do a reference check on you to see what information they will divulge - you want to make sure what they are saying isn't at odds with what you are saying.
I agree with what others have said about being vague and moving on. I wouldn't go anywhere near the lawsuit issue.
AnonymousDecember 3,2022 at 5:13PM UTC
I would explain that after taking time off for fmla reasons, I decided to take on new professional challenges in a different area. (Or in your own words!)