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Definitely use the severance pay to make your point that you believe you were laid off.
I'm wondering if the way the forms are designed, could be used to explain the different ways you put "laid off" or "left under non-mutual agreement"? On the second form, was there an option for "laid off"?
As others have said, about the best you can do now is just say that you were wanting to be completely honest on the investigation form. That you were laid off, and given a severance package, but that you did leave under non-mutual agreement. Say that the term "non-mutual agreement" is what threw you off. You wanted to stay, and so it wasn't a mutual agreement to sever your employment.
Spin, spin, spin. And I do believe the former employer will probably only give the dates of employment. That's standard to stay out of any kind of potential lawsuits regarding libel, slander, whatnot. And I doubt if they'll send in the Men In Black to squeeze the info out of them.
The severance payment is your get out of jail free card. "Hey, I was laid off with a severance package, but when asked on this background check if I left by mutual agreement, that was not the case, and I just wanted to be as truthful as possible."
Good luck to you. Just tell them what they need to hear so they can x the appropriate box and everyone can get back to work :-)
Severance pay is not indicative of the circumstances of termination. I worked for a company where it was SOP to offer severance pay to any employee who was fired, in return for their waiving their right to sue the employer for any reason not prohibited by law. They even did this for people who hadn't worked beyond their probationary period, because it was a good way to preemptively combat nuisance lawsuits. Also, in some circumstances, the employer might be contractually-bound to give severance pay.
I don't know how your HR will react but after reading all this, I'm confused about the differences between being laid off and fired in his case.
"Laid off" is what happens when there is no work available, because business is slow, or the position was eliminated or made redundant. It's a function of business dynamics. "Fired" is personal to the employee, based upon performance or misconduct. If one is fired for misconduct, that is considered "termination for cause" and could result in denial of unemployment benefits.
Your big mistake was implying you were fired, on the background check document. You were laid off, and it should be corrected to that. Explain that it was your misunderstanding about what they meant by those words. Don't try to make any other excuses than that one misunderstanding.
Your big mistake was implying you were fired, on the background check document. You were laid off, and it should be corrected to that. Explain that it was your misunderstanding about what they meant by those words. Don't try to make any other excuses than that one misunderstanding.
This doesn't matter. The people doing the background check by law are not allowed to ask if she was fired or laid off.
This doesn't matter. The people doing the background check by law are not allowed to ask if she was fired or laid off.
The OP doesn't need to say a word.
Even if the background check is done by the feds, and not a public checking agency? (Remember its for a govt security clearance level job)
The box was checked because I had a description that basically said non-mutual, in addition to fired, so I figured that was applicable and that the following page self description would make clear what went down and that I was given severance,collected UE benefits, and was NOT restricted from further employment with the company in the future. and later heard that my position (found out from friends) was never refilled.
That's why I thought it could be classified as a "lay off " since there was no misconduct that would disbar me from collecting UE or reapplying for jobs there. (Which I didn't anyway)
Severance is often given when your fired under some circumstances to avoid civil conflict. Being laid off or fired is quite different than being fired for cause. Often companies will answer the question by saying if you eligible to be rehired but nothing else.
A background check for security clearance is a completely different thing. They can waterboard your grandma.
A background check for employment purposes they cannot ask if you were fired or not.
Which one is this?
This is post employment. I got the job, but now need clearance to be allowed to work on specific projects.
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