Spouse has a job offer but is worried about background check turning up that he lied about being fired from previous job

[Anonymous]

My spouse was fired from his previous job in April. Shortly after the firing he was recruited via Linkedin for a similar (but slightly better) job and after weeks of interviews he received an offer. This is great as we had assumed it would take him longer to find something, but now it's time for a background check and he is convinced that they're going to rescind the offer once the new employer/background check people call the old employer and find out he was fired. Throughout the interview and negotiation process he has been acting like he still works at his old employer. It started as a "well I don't want to tell them I was fired, I probably won't even get an interview" and it snowballed from there. It's bad that he did that, no question.

My question is for DCUM - do you think they'll rescind the offer when the employment verification component of the background check turns up that his employment with the previous company ended in April? He received severance through the end of May.

He was fired, to put it simply, because he told the truth about some less than stellar data/results and when told he shouldn't do that he refused to lie as directed. He has tons of old colleagues who would vouch for him generally and about the firing situation specifically. I don't know if the new employer will 1) care about the employment dates discrepancy, 2) care but give him a call/chance to explain, or 3) just rescind upon seeing the flag on the background check.

Thoughts?

[Anonymous]

Well, he made this bed. That was stupid. His choices are:

1) stick with the lie and hope it doesn't come up
2) come clean now

Personally, I would lean towards #2 because I don't see any way any employer doesn't at least call references and verify employment.

He was really stupid to tell the lie and he'll probably lose this job because of it. The thing to do now is try to keep it from following him to the next interview. I think option #2 has the best chance of that.

[Anonymous]

Yes, it will probably be rescinded because they'll tell them when his employment ended (although they may not tell them he was fired for cause).

No one wants a liar working for them.

[Anonymous]

Did he actually lie? I can’t tell. If he actually told him he was never fired, yeah, that’s an issue. He should withdraw from consideration before he is found out. If he just didn’t mention his employment was terminated that’s different. Often times the last date of employment is the end of the severance period, but he could ask HR at the old company what dates they will confirm. The severance agreement may include a clause about references as well.

[Anonymous]

Did your husband sign a non-disclosure agreement? When that happens, usually the company agrees to provide a "neutral reference." They will only disclose the facts to the callers - dates of employment, positions/titles, and compensation.

Husband should provide the number for HR + a few colleagues who would provide him with a positive reference. Even better if he has a former manager who can provide the reference.

[Anonymous]

At this point I’d just see what happens. I wouldn’t raise it and come clean. It may not come to light. I’d put the odds at 50/50.

[Anonymous]

Anonymous wrote:At this point I’d just see what happens. I wouldn’t raise it and come clean. It may not come to light. I’d put the odds at 50/50.

Agreed. Very likely won't even come up. Given that they provided severance and likely asked for an NDA given his knowledge of a sketchy situation, HR will probably classify his departure as a resignation.

I mean, OP's husband was asked to lie and he refused. We don't know the details, but OP's husband was potentially in a position where - if he lied - he would have been breaking the law (especially true if this is a public company). Or if they are using fake data to try to bring in new investor dollars, then that's also a crime.

TBH, I feel like OP's husband should get a consult with an employment attorney.

[Anonymous]

Anonymous wrote:At this point I’d just see what happens. I wouldn’t raise it and come clean. It may not come to light. I’d put the odds at 50/50.

+1

Also, did he talk during the interview as if he was still actively working there or was he vague about it? Most people know if you’re interviewing that you’re leaving or have left a job. So I’m not sure an employment date ending in April while he’s interviewing in May is some huge red flag assuming he wasn’t going above and beyond to act like he was still employed.

And I doubt the previous employer is going to touch the reason the employment ended with a 10 ft pole. They will probably just validate dates of employment. If the current job offer company comes back and asks about whether employment ended, he can give an answer about how that workplace was no longer compatible with his career goals (true if they wanted him to lie), which spurred him to look for a new job. Don’t mention the firing of the other company doesn’t. Also, I think most red flags are firing “for cause” which usually doesn’t involve a severance.

[Anonymous]

Your husband should know what his old company will say based on his termination agreement. If its a background check (as opposed to checking references) I would assume they would not be disclosing HR matters and it would be strictly factual like dates of employment and salary. I would be concerned if the dates or his resume or application don't line up with the dates the prior company would report.

[Anonymous]

Anonymous wrote:Well, he made this bed. That was stupid. His choices are:

1) stick with the lie and hope it doesn't come up
2) come clean now

Personally, I would lean towards #2 because I don't see any way any employer doesn't at least call references and verify employment.

He was really stupid to tell the lie and he'll probably lose this job because of it. The thing to do now is try to keep it from following him to the next interview. I think option #2 has the best chance of that.

I think #2 is likely. I think because the dates are so close it might not be a major issue. Most employers won’t say he was fired in a check they will just say the dates of employment. Fingers crossed. He was in a tough situation and I can understand the thought process and things snowballing.

[Anonymous]

I'm not seeing where he lied, OP.

Background checks are not the same as calling references: they will just call HR to verify dates of employment. If work stopped in April, that's not too far away to be a problem if he was verbally nimble enough in interviews to gloss over when he left.

Even the reference check might not be a problem if he listed someone who he has a good relationship with at his previous company. They won't actually say he was fired (and a quick phone call to that person would make sure of that). They will just list a few positive attributes.

[Anonymous]

Also, he should just put the correct dates on the background check form done by the third party so they can be verified. Usually that is sent after the offer is accepted. That’s what I would do and then hope the discrepancy isn’t flagged.

[Anonymous]

Anonymous wrote:I'm not seeing where he lied, OP.

Background checks are not the same as calling references: they will just call HR to verify dates of employment. If work stopped in April, that's not too far away to be a problem if he was verbally nimble enough in interviews to gloss over when he left.

Even the reference check might not be a problem if he listed someone who he has a good relationship with at his previous company. They won't actually say he was fired (and a quick phone call to that person would make sure of that). They will just list a few positive attributes.

+1. Your husband is not the first person to be in this situation. It is an uphill battle to go into an interview needing to explain why you are unemployed and were fired.

[Anonymous]

Leave it alone

[Anonymous]

If he got severance, then he wasn't fired. He was terminated. As you know, you can get terminated for any reason. This is a no issue. Background checks verify employment dates, if he didn't lie on that he's fine.