My previous employer and I ended on bad terms.

Anonymous

March 4,2024 at 5:23PM UTC

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My previous employer and I ended on bad terms.

I was PIP'd out and and offered a severance agreement which, if I signed, I would have waived my right to file against the company, but they would say I was a "reduction in force." I did not sign it, and instead filed with the EEOC, case is still in process.

I'm concerned on the background check when a potential employer calls to verify employment, I know they are not allowed to get into any specifics, but can they say I might not be eligible for a rehire? How would I handle this if the new employer comes back and asks about it? Anyone have experience with this?

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Tammy HagerMarch 4,2024 at 11:20PM UTC
Although it is against the law to give you a bad reference they can say things in a way that would make the new employer question if you would be a good employer for them. Are there specific reasons on your end that you could say was your reasoning for leaving and still sound professional? This is a hard one but I applaud you for doing what you think is best by going to the EEOC. I hope you win your case
AnonymousMarch 6,2024 at 1:26PM UTC
It is most definitely not “against the law to give a bad reference.” This is a multistate and international forum, for one thing. Secondly, many companies choose not to give bad references as protection against potential legal action, but it is not inherently illegal to do so.
AnonymousMarch 5,2024 at 1:26PM UTC
You're correct...validate dates of employment and nothing else...
Sue Gordon- retired Career CoachMarch 5,2024 at 1:51PM UTC
My understanding is that they can say you are not eligible for rehire. The RIF classification would have been helpful to get unemployment insurance.
GirlBossanova934974March 5,2024 at 2:26PM UTC
To avoid lawsuits, the vast majority of employers simply state your dates of employment if called. I am assuming that you have filed for unemployment but if you have not, please do so. If your claim is material, you may wish to contact an employment lawyer on a contingency payment basis.
AnonymousMarch 5,2024 at 5:36PM UTC
Yes, it is good that you did not sign if you truly have a claim for something specific that the company did wrong. If it was a performance pip or other then you are not doing right by yourself. In a severance agreement there should be a mutual no-disparagement clause, there should be some sort of remuneration, and in some situations a clause - (you need this)for what the company can say about you and limited to dates of employment. What they may not say is that it is regretted or non-regretted termination. The word should specify mutual separation. Good luck.
AnonymousMarch 6,2024 at 3:01AM UTC
The new employer won't ask you about it.
AnonymousMarch 7,2024 at 1:49PM UTC
They can not only say that you are ineligible for rehire -if asked they can say they would choose not to rehire you. Most companies won't get into specifics but it's easy enough to make it clear if they feel a person is worth hiring or not.
Additionally, while the EEOC is investigating the charges, the case is confidential; once it is adjudicated, the information will become a public record and can be found.
Jill Basye-FeatherstonMarch 7,2024 at 2:03PM UTC
I am interested in this topic as well.
AnonymousMarch 7,2024 at 2:15PM UTC
I had a similar situation- filed with EEOC over FMLA Retaliation and Discrimination; employer settled quickly after EEOC got involved; the Settlement Agreement specifically stated that the employer would ONLY provide dates worked. That was generally their policy anyway but my attorney wrote it into the agreement to protect me later. The EEOC investigation will NOT come up in a background check — it is purely confidential. If it goes to trial, then I believe it becomes public record - however, my understanding is most employment cases don’t go to trial.
James DavisMarch 7,2024 at 2:40PM UTC
How much out of pocket cost did you pat. Sorry if this question is too personal
AnonymousMarch 7,2024 at 7:33PM UTC
Depends on the attorney and if they’re doing it on a contingency basis (most employment attorneys do)- if so, then you’ll pay a contingency fee which is a % of settlement
Alley KeosheyanMarch 7,2024 at 2:22PM UTC
Now I feel like a dumb@ss -- what does PIP stand for?
AnonymousMarch 7,2024 at 2:23PM UTC
Performance Improvement Plan.
KathyAnn KrajcikMarch 7,2024 at 10:55PM UTC
Performance Improvement Plan
AnonymousMarch 7,2024 at 3:02PM UTC
All they can do is ask to verify employment dates. They are not allowed to ask anything else....for State of Florida.
AnonymousMarch 9,2024 at 8:04PM UTC
So if an employer is headquartered in Florida, they can't ask eligible for rehire?
Myla DixonMarch 7,2024 at 3:12PM UTC
An EEOC should not appear in a standard background check and it would be foolish for your previous employer to disclose this information. Should tour former employer disclose this information, it can be viewed as retaliatory which is illegal (a risk to their case). Furthermore, a new employer not hiring you due to the EEOC in place (should they find out - which would be hard) is also at risk of discrimination which is why these are not disclosed in background checks.
Not being eligible for rehire - if you know a background check will be implemented with the new company, there are subtle ways to get ahead of the story. Keep it short and sweet - it was clear early on that this role did not align with my skill set and my personal career goals, for example. Do not speak ill of the former employer and do not get into details but communicate a misalignment. Don’t leave the situation to be explained by someone else, but don’t overshare either - state a fact that also supports the vision for your ideal work scenario and how their organization/role is positively different.
So not let this one incident define your future and good luck!
AnonymousMarch 7,2024 at 5:26PM UTC
If there is a trusted contact you have at the company who is willing to serve as a reference for you, then (with their permission) I'd list them. It doesn't necessarily need to be your former boss but someone with whom you worked and who can speak to your work ethic is a great choice. I left a toxic workplace 7 years ago, and I couldn't trust that my manager or director would be a positive reference for me. I was very diplomatic and they both encouraged me to come back in the future (I used the reason for leaving of being a stay-at-home parent, which was partly true). I'd worked with enough other people there who knew the reasons why I left, and they were delighted to serve as good references for me. In only had one person ask about my 'former manager" & I simply said she was no longer at the company, and I didn't have her current contact info.
ChristinaMarch 7,2024 at 8:11PM UTC
I had this experience too. I was quiet fired and put on a PIP and it was informal. I did not sign anything. I was put on PIP after I reported bullying by my toxic manager. I quit and was awarded unemployment because of the hostile work environment. I left right on the 90 days of new hire. Do I put this on my resume because if a new employer asks about an employment gap if I don't put it on my resume.
AnonymousMarch 9,2024 at 8:02PM UTC
The latter of those could easily be given by someone who is "following the rules" regardless of whether it's positive or negative.
LORI-ANN BURLINGAMEMarch 11,2024 at 9:23PM UTC
Yes. Some recruiters claim that they do not ask this question and that may be true for them. However, it is my understanding (formerly labor relations specialist) that his question is always asked.
You may want to check with legal counselor on the best way to handle this. Most cities have a Legal Aid Society and that can help you at little or no cost. In addition, if you hav a law school nearby, they may also have a law clinic that can help.
Wishing you well! You may want to check out Louise Hay's videos on YouTube. A great source of positive affirmations and uplifting thoughts.