Is my situation considered fired or laid off? if so, Is it legal for an employer to say you were fired?

Question

l was recently terminated from my job after only a couple of months. The form they gave me states that "You are being released from your employment, The reason for the separation "Failure to complete 90 day probationary period". My boss was very shocked becos she had always told me how hard working and proud she was. l believe the real reason l was let go was because of my misdeamenor (shoplifing) record that was DISMISSED 12yrs ago when l was 18. I was asked abou it 2 weeks before l was let go. i did not put it on my app because l was not convicted. i went did a program and the charge was dismissed. The question on the app says "Have you ever been convicted of a felony or Misdeamenor? i belive l might be getting another job soon but l told the employer during my interview that l was laid off. They will be doing an employment check and l am a little worried about what my previous employer might say. Also, l don't really know how to answer why l left my last job. Please advise.

Answer 1

any employer can give any information about you as long as it is the truth, there is a common misconception that they can only answer certain questions that is completely untrue. If it is the truth they can tell a prospective employer. Some companies decline to say and that is there right.

Answer 2

I'm confused...how did they even KNOW about an arrest that did not result in a conviction?

I would find it very, very difficult to believe that they found a 12-year old arrest record when the charges were dismissed.

I have a feeling that the charge actually resulted in a conviction, and you thought the record was being expunged, and somehow wasn't.

You need to call the court where the case took place and find out what the disposition of your case was. They get those phone calls alot, and they will be able to tell you over the phone.

You lied to your new employer and yes, they can tell them that you were fired, as you were not laid off.

I probably would not have even listed that place of employment at all.

Answer 3

what do you mean your BOSS was surprised? How could anything have been done without her knowledge?

Tell a new employer that you are not quite certain why you were let go. You were only handed a letter that your boss didn't even know about saying you failed to complete the probationary period!!!! You should make sure to keep that note so you can show anyone new who is asking...telll them that you were never given a proper reason as what you did wrong. You feel it is unfair, but you have to move forward.

What more CAN you say?

Answer 4

You were fired. Layoffs are terminations due to the company not having work available - that wasn't the case here. It's hard to tell what they might say to a potential employer - many companies have a policy of just confirming dates of employment and your job title, although they are not legally limited to just that information.

Answer 5

PLEASE examine THIS.....in case you hearth him or lay him off, he can stick with for unemployment repayment. they in basic terms way he can no longer get unemployment repayment is that if he voluntarily quits, places in his 2 weeks note and leaves, etc. maximum states are "at-will" employment, meaning you may hearth an worker who does no longer have a settlement for any reason and whenever you decide on. although...save in concepts, in the adventure that they're a probability-free classification this is better sturdy to get round this. meaning in the adventure that they are disabled, this is better sturdy to hearth them. examine and make certain that this guy does no longer have a incapacity this is causing him to bypass to sleep. If he does, you may not hearth him, yet are required to help him such as his pastime. this is unlucky, although the way the regulation works. sturdy success!