How to answer questions about job loss when you were fired

[Anonymous]

Bump---OP, any news?

[Anonymous]

It may be that they will offer him a severance package to go away, and part of the severance will include a non-disclosure agreement. It would essentially say he's not allowed to say anything bad about his employer, and his employer isn't allowed to tell anyone anything bad about him.

It may be worth it to try and get a non disclosure, that way future jobs won't learn any of this. In these cases, he usually resigns (therefore can't claim unemployment) but there is a financial payout. That way though he can also say he was not fired. And can therefore spin this any way he wants - bad fit, change in leadership meant me shouldn't continue there, etc.

[Anonymous]

HR here. Don't have him resign. He won't get unemployment if he resigns (not that it's much but still). Even if he's fired, as long as it's not gross misconduct, he'll get unemployment. Also contacting an employment attorney won't help. DC, MD and VA are at-will states so either party can end the employment at any time for any or no reason at all. The only time you'd need an attorney is if he's been discriminated against under a protected category.

[Anonymous]

+1 don't resign, get unemployment

Also if he resigns, it's kind of like admitting you did something wrong.

Maybe he didn't realize he was breaking rules? Or set up?
(I was set up once to take the fall for my manager on a fire able offense - it is terrible. luckily it was a crap entry level job so resigning on the spot didn't hurt my career.)

Either way - it's wise to start crafting a PC statement for future employers about why his employment ended. Contact through non-work email or phone people who could be positive references.Pay the $200 for a resume rewrite and go on with your life. I agree with PP it's really easy to direct upset inward/-but, he should keep his head up and keep going. There is a hilarious documentary on celebrities getting fired - it sucks, but it's a fact of life.

[Anonymous]

John Cook in Va. Best employment lawyer around. This is a time OP to have a lawyer on your side. Most professions are small worlds and both good and bad get around very fast.

[Anonymous]

Anonymous wrote:HR here. Don't have him resign. He won't get unemployment if he resigns (not that it's much but still). Even if he's fired, as long as it's not gross misconduct, he'll get unemployment. Also contacting an employment attorney won't help. DC, MD and VA are at-will states so either party can end the employment at any time for any or no reason at all. The only time you'd need an attorney is if he's been discriminated against under a protected category.

Agreed, and this is speaking from experience. What will happen is someone from the unemployment office will call the employer to verify that nothing illegal was done, and then unemployment insurance should work at that point.

[Anonymous]

Anonymous wrote:HR here. Don't have him resign. He won't get unemployment if he resigns (not that it's much but still). Even if he's fired, as long as it's not gross misconduct, he'll get unemployment. Also contacting an employment attorney won't help. DC, MD and VA are at-will states so either party can end the employment at any time for any or no reason at all. The only time you'd need an attorney is if he's been discriminated against under a protected category.

+1. I do a lot of employment law. An employer does not have to prove an employee did anything wrong. As long as they're not treating him any differently because of his race, gender, age, religion or another protected class, they can fire him for any reason at all or for no reason. It it sounds like they have reasonable cause not to trust him.

[Anonymous]

OP any update? Will be be able to get a reference? I think as long as you can say, "I have a reference" (from a direct supervisor and/or CEO), he should be fine. People know that sometimes crazy things go down at the workplace, but as long as someone can vouch for him,

I agree with PPs re: moving on and not dwelling on the anger/injustice. I have seen people been eaten away by similar situations when in the end it truly was not them, but the situation they found themselves in. I would recommend your husband see a counselor for a period of time to focus on the next step and moving forward. It is easy to get bogged down in these type of situations, but the focus now is the next step and several years from now, it will be a distant memory.

[Anonymous]

I gues this is after the fact, but try to plan some fun things to do together, or as a family (did you say you have a family?) to help keep everyone's spirits up. They don't have to be expensive. Going to the park, walks, etc. Good luck!

[Anonymous]

Anonymous wrote:Pp here. Why doesn't he just resign Monday morning?

Because then you give up unemployment compensation.

[Anonymous]

Anonymous wrote:HR here. Don't have him resign. He won't get unemployment if he resigns (not that it's much but still). Even if he's fired, as long as it's not gross misconduct, he'll get unemployment. Also contacting an employment attorney won't help. DC, MD and VA are at-will states so either party can end the employment at any time for any or no reason at all. The only time you'd need an attorney is if he's been discriminated against under a protected category.

Wouldn't being fired for an ethics violation count as cause? In VA the unemployment forms the employer fills out asks if the employee was termed for a policy violation, and if so, what was the policy.

[Anonymous]

OP here. Thanks for the continued replies.

The update is that, as anticipated, DH was fired yesterday. They admitted that they did not have any evidence that he did anything wrong but said that the suspicions that had been aroused made it impossible to keep him on. They agreed that his internal HR record would state "involuntary termination," but that any outside employment verification would simply state his dates of employment without any indication as to reasons for leaving and without any reference, good or bad.

His (local) boss told him privately, off the record, that he doesn't believe that DH did anything wrong. That meant a lot to him, to hear that the person who knew him best and worked with him daily knew his character and believed him.

He knows from friends/colleagues that an internal email was sent out saying, "DH has left to pursue other professional interests." Several folks have contacted him to check in, but he's taking 3-4 days to clear his head before being in touch with anyone from his professional network. I've been trying to give him space- he went for a run, went to the library to just sit & decompress, etc. Tomorrow he'll start working on COBRA, unemployment, etc.

I think we're both relieved that this part is over and that he is able to leave without a permanent mark on his employment record. He's sad about the relationships that were damaged but thankful that it seems like he can salvage his professional reputation.

I truly appreciate the helpful responses.

[Anonymous]

I'm sorry, OP.

Do you work? This counts as a life event, so you can move everyone over to your insurance. It might be cheaper than COBRA.

[Anonymous]

Does that mean no one from his job can give him a reference? I don't understand why his local boss wouldn't be able to be a good reference for him

[Anonymous]

I would have pursued this legally if no one actually really thought he was to blame for anything. The talk of hiring a lawyer usually changes people's minds.