General Question

Quagmire's avatar

What do you tell the new employer if you were fired from your last job because of a FALSE accusation of sexual harassment?

Asked by Quagmire (2088points) August 12th, 2009

A judge later (i.e., AFTER the individual was terminated) determined that there was no harassment of any kind and that the employer never did a full investigation but should have (the female was “friends” with the fired employee’s boss).

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18 Answers

Sariperana's avatar

Dont. unless they ask of course – and all you can do then is be honest…

dpworkin's avatar

A carefully crafted letter with a copy of the Court’s ruling, but no mention of the boss’s relationship with the woman.

The_Compassionate_Heretic's avatar

You don’t want them to know this detail of your work history if it can possibly be avoided. If you already have the job, then never mention it to anyone. If you are asked, it might be good to explain that a judge determined you were wrongfully terminated.

Noel_S_Leitmotiv's avatar

Agrees with The Heretic, GA

Check your employee handbook or comapny policy regarding witholding information of this specific type. Use what you find as your guide.

For example i used to work for a BMW dealership that stated in the handbook that if you get a DUI on your own time you still must mention it. The DUI itself wouldnt automatically result in termination but discovery of the employees witholding of the information would.

But i have to ask: are you known as Quagmire in your professional life?

Quagmire's avatar

A “big name”, professional job hunting firm advised him NOT to say he was fired. To say he quit. What do you think of that?

@pdworkin, a letter to whom? When?

NOTE” I’M TALKING POTENTIAL EMPLOYER. Sorry i was unclear. I’m talking during the job interview.

PerryDolia's avatar

Don’t tell them anything. Your previous employer will only confirm that you were employed there, not why you left. Tell them you left to look for something new and challenging.

cwilbur's avatar

@Quagmire: Never, never, never, never lie during an interview. If the employer finds out you lied, there is no possible positive outcome.

This does not mean you need to be brutally honest, but if you say that you quit and your employer finds out that you were fired for cause, well, your new employer will have cause to fire you all over again.

Judi's avatar

Don’t let the new employer know that there was any litigation involved. As an employer I would be hesitant to hire someone who had sued a previous employer.
You need to come up with a “reasonable” answer to put in the “reason for leaving” box. Family obligations, lack of work lay off, something that doesn’t say “my previous boss was a jerk. ”
nothing is a bigger deal breaker in an interview than bitching about a previous employer.

Judi's avatar

@cwilbur; The judge determined he was fired WITHOUT cause.

cwilbur's avatar

@Judi: the employer had cause to fire him; it was later found to be without merit.

eponymoushipster's avatar

Don’t ask – don’t tell.

christine215's avatar

I hate to sound litigious, but it sounds as if there is grounds for a suit against the former employer for wrongful termination

In any case, a perspective employer will likely ask the reason the candidate left their previous employment. That’s where the court documentation will be necessary.

Be as honest as you can without revealing TOO much.
“there was an accusation of misconduct; however the accusation proved to be unfounded and untrue” Hand over the documentation from the court if asked to expound on the “accusation”

Quagmire's avatar

It’s an “at will” state. Does that matter?

missingbite's avatar

@Quagmire I normally would not suggest this but here goes. An at will state usually only means that they don’t have to give a reason. If they gave a reason and it was proven to be untrue, you will have a case. On top of that, IF you were totally innocent, the company would probably rather settle out of court in order to keep this as low key as possible so a lawsuit could get you compensated for your losses. Also helping you with the whole, how do I explain this situation. Good luck!

Judi's avatar

@christine215 ; it looks like there already WAS a suit, otherwise a judge wouldn’t have had a reason to comment on it.

christine215's avatar

@Judi, could the suit have been against the person who was accused of harassment?

YARNLADY's avatar

You don’t have to say anything about it. If they ask why you left your old job, just say you need a more forward looking company with better a better fit for you.

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