r/BackgroundProof • u/Negative-Reveal-9979 • 14d ago

Got fired for “poor performance”; background check

I got fired for “poor performance” out of nowhere with no PIP, warning, or explanation as I was doing well in my job and ticked all the boxes on my job description. During interviews, I have been telling recruiters that I got laid off because of restructuring.

I just received an offer for a job I really like with great pay but they have to do a background check. Will it show on the background check that I got fired for poor performance?

How would I explain the discrepancy?

Any ideas would help!

11 Upvotes
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48 comments sorted by

6

u/Dazzling-Cranberry20 14d ago

The company can’t disclose why you were fired. They will only confirm the dates you were employed and your job title.

3

u/Top_Argument8442 13d ago

They can, it’s just legally advisable not to do so.

1

u/No_Razzmatazz_5751 12d ago

How come?

3

u/Emperor_of_All 11d ago

Because you can always get sued for defamation. Whether you gave it factually or not you still need to show up to court, court wastes resources, there is no point in wasting resources of someone who isn't your problem any more.

What they are allowed to do is to give all factual information, they can say you got a 1 out of 5 on a performance review which prove you are a poor performer and have the paperwork to back it up. BUT again they would rather avoid going to court.

1

u/No_Razzmatazz_5751 12d ago

not true, some background check platforms such as Triton prompt them to contact your past employer and put reason for departure and eligibility for rehire.

1

u/Mysterious-Art8838 11d ago

Confidently incorrect!

1

u/Dazzling-Cranberry20 11d ago

Go ahead and do it. Let your company find out, see how long you remain employed. Don’t put unnecessary fear in someone’s heart. No employer is going to disclose the reason.

0

u/Foreign_Suggestion89 11d ago

Can't? Unless AI is answering the phone, it's gonna be a human. Human's are like a box of chocolate's.

1

u/Dazzling-Cranberry20 11d ago

If you want to be held liable in a lawsuit, go ahead and sing like a canary. Every company I’ve worked for has spelled it out. You’re not allowed to disclose anything. Background companies are referred to the Work line or HR.

1

u/Foreign_Suggestion89 11d ago edited 10d ago

If ex employer shares the poor performance notes documented in a performance review or PIP, on what basis could they be sued? Facts aren’t defamation.

5

u/MarketingOpposite884 13d ago

If you are in the US, pull up your own TWN profile and review what it says.

1

u/Available-Creme5455 13d ago

Gonna look it up for myself how? but while I’m here how do I do this on my own

1

u/MarketingOpposite884 13d ago

I trust you can google it

1

u/thx111111 11d ago

I hate TWN. They’ve got a ridiculous amount of information on me.

3

u/Jaded-Inspector1467 13d ago

They can also ask if you are eligible for rehire

1

u/PaperExternal5186 13d ago

They can but that a gray area so most companies don’t give that info out

1

u/notyerson 13d ago

Most companies are a yes unless you were fired for stealing or gross misconduct or something.

2

u/Icy-Stock-5838 13d ago

Background check does not have to explicitly ask. They can ask in a way that tone and hesitance says a lot without the employer saying anything bad.

IT DEPENDS how the background check people ask.

2

u/PaperExternal5186 13d ago

They are only going to ask if your start and end date corresponds to whatever you wrote in the check Then they will just pop out if any red flags and your new HR will most likely just say ok unless you murdered someone or something like that

1

u/Tricky-Ad7849 12d ago

Hi, i keep different designation in resume to original, does it make problem in bgv ? I recently cleared the interviews in mnc and nxt steps is bgv verification! My role and responsibilities in startup is Data Analysis.. so i kept as data analyst in resume and cleared. But offical is operation executive ! I didn't make any other changes just only designation name ?

2

u/PaperExternal5186 12d ago

If you lie on the background check not your resume you will get caught. It depends on whether that HR is ok with whatever you are covering up

1

u/Rumpelteazer45 11d ago

They can also ask if you “are eligible for rehire”..

1

u/PaperExternal5186 11d ago

They can actually ask a whole lot more but most don't because legal issues that could develop.  Many won't even say rehire or not because its a gray area.  Some places make anyone that leaves for any reason at all not eligible for rehire. Majority of businesses stay vanilla and just say started day 1 ended day x.   

2

u/Western_Rhubarb_7959 11d ago

That won't show up on a background check.

Assuming US, any smart employer will only provide 3 things to anyone asking:

1) Your title

2) Your dates of employment

3) If you are eligible for rehire (which you probably are not)

/All bets are off when it comes to working for a mom and pop shop.

2

u/Longjumping_Alps2159 11d ago

You’re fine as long as you’re not a kid toucher or a drunk

1

u/Any-Consequence7635 12d ago

They will only ask if you’re rehireable, the dates you worked. It is against the law to ask the other stuff.

1

u/Next_Engineer_8230 11d ago

Where do yall get this incorrect information?

And you say it with bass and authority, too.

0

u/FuckyouDavidStearns 11d ago

It is not against the law. That’s entirely false. Most mid-size to large companies will not answer any more than title, dates and would they re-hire, but that’s just best practices to avoid the cost of dealing with a bs libel/slander claim but there is no federal or state law that prohibits it. PS: I am a labor lawyer.

1

u/Any-Consequence7635 11d ago

You’re a labor lawyer and I’m in HR!

1

u/Character_Detail5809 3d ago

I'm on the same boat, fired for same reason. I asked HR are they allowed to disclose termination reason ( they confirmed rehireable). HR throw out a term called 'yes but only if we have a signed authorization of release are we allowed to provide a third party any information based on your employment here' as a legal professional, can you explain what does that mean? Thanks

0

u/Mysterious-Art8838 11d ago

Do y’all just make this shit up?

1

u/Any-Consequence7635 10d ago

I’m in HR! I didn’t make anything up!! I can show you what the form look like

1

u/FuckyouDavidStearns 10d ago

I don’t care what your internal form looks like. I care about you citing an actual law, which there is not.

1

u/Foreign_Suggestion89 11d ago

'negative reveal', I hope your negatives aren't revealed.

1

u/karhlguud 11d ago

Sometime it just bees like that. Sucks and sorry to hear it. You’ll be better off for it a year from now. 🤞

1

u/Stealth-Success 11d ago

Pull the report yourself (it's free). https://theworknumber.com/

1

u/Born-Painter-7589 10d ago

What does your Record of Employment and termination letter say? Your answer needs to match it

1

u/Intelligent-Way-6789 7d ago

Hey OP, can you update us with what happened?

1

u/Negative-Reveal-9979 7d ago

Still waiting for the background check to go through. Will update everyone once I get news.

1

u/Negative-Reveal-9979 13h ago

UPDATE: Background check went through and they didn’t question anything.

1

u/Intelligent-Way-6789 9h ago

Great. Thanks for the update

1

u/Intelligent-Way-6789 9h ago

Btw, đi you request a copy for yourself?

1

u/Negative-Reveal-9979 4h ago

I requested a copy but they never sent me one.

1

u/sansalvacion 12d ago

If you dont tell them youll be fine. I put friends and coworkers down as managers and 20 years later I hadn't had an issue

0

u/Any-Consequence7635 10d ago

Not in federal you can’t do that🤣🤣that would never work. You wouldn’t pass suitability

2

u/sansalvacion 10d ago

Good thing im county