Job applications; Fired or Laid Off?

Employeers can only state that you did work there, and may add if your eligible for rehire or not; cannot answer any other question or reply legally. Nothing else agaisnt labor laws transportation or not.

 

Is it reasonable to go to my former employer & talk to someone about references and (hypothetically, if I had been terminated) the termination? Perhaps ask my former manager to agree to give me a positive review & state that I left due to mutual layoff? Or is that just out of the question in today's world? & what if the manager whom you worked under is no longer there?

 

Again a former employeer can only varified you worked there, so tell your new prospective employeer anything you feel comfortable with.

 

There is a difference between what can be done legally, and what is likely to be done in the real world. Particularly if you are talking about a small outfit where everybody knows everybody.

I think you'd be both spinning your wheels, and look like you are begging. I wouldn't do it.

 

In the real world the way we get around it is, "If he/she were to apply again would you hire them?", it speaks volumes, and while the law prohibits me from making any negative statements about while he/she was employed (Unless waived, see below), the law does not prohibit me from asking about future employment. The law also allows me to verify your salary while you were there, your position title, and your responsibilities.
In my 10 plus years as a Manager I can tell you there has been many off the record conversations. You will never hear any prospective employer tell you so and so said this and I am not hiring you, they will point to something minor and deny you with that as a reason.
Keep in mind, most employers will have you sign a form that waives any legal recourse against them for releasing any negative information at a later date, or any legal recourse against any previous employers. If you refuse to sign, they don't hire you. You will most likely see the form when you show up for orientation, and the reason companies will do most of your background work after you sign on the line.
I can tell you some companies on here will not give you a copy prior to showing up at their facilities, they are banking on the fact if you leave you have to pay your own way home and will not have a job.

 

Incorrect.

 

Just an FYI, there is no law, it is business practices from court cases that limit what is asked or said for liability issues and if it appears in a background check, those limits are off.

 

In Iowa:
If a person is "laid off", they are eligible for Unemployment Benefits...if they're "fired", they are not.
Go apply for Unemployment...and use THAT as proof you were laid off.

Perspective Employer: "Your previous employer informs me you were terminated; not laid off as you stated on your application...what say you?"

You: "With all do respect sir/ma'am, I'm not sure why they'd say that...if I'd been terminated, why would they agree to my filing Unemployment on them?" (show proof)

Could work.

Besides...if they were cool enough to agree to saying "laid off"...why wouldn't they be cool enough to stick to it?

 

Iowa, as are most States, is an "At Will" work State. What this means is that uses there is an enjoyment contract defining a specific term of employment, or the circumstances in which termination can occur, an Employee is free to terminate his employment (quit) at any time, and for any reason, and that an Employer may terminate an employee (fire) at any time for any reason save for violating the protected classes (EEOC).

Fired, Laid off and Terminated are interchangeable terms. The difference in who can or can not draw unemployment is found in the reason one is let go. If they are fired "for cause" (Theft for example) they an he denied unemployment benefits. If they are fired without cause (work slow down for example) they are eligible for Unemployment.

All that said, your idea is sound as receiving benefits does indicate a "no cause" termination.

 

Not true at all.

Some employers have policy’s to not say more than that but that is by their choice, not law. As long as they are asked and what they say is true or their honest opinion an employer can say anything they want, they have free speech rights too. There are even some states that have laws giving employers immunity from law suits from former employers as long as they have told the truth about their employment.

http://www.monster.com/career-advice/article/what-can-employers-legally-say
https://www.thebalance.com/what-can-employers-say-about-former-employees-2059608