Should I be cautious to hire an employee who has taken his previous employer to an employment tribunal?

[kitty61]

Originally Posted by Norbert.Berkowitz

The prospective employee has great educational credentials. However, he has been dismissed by his previous employer, as the financial situation in the company became more difficult. His former employer ignored the notice period so he took him to the tribunal to claim 3-months of notice period. Is this a red flag?

I am curious about how you found out.

The employee risked being black balled in his industry by taking up the cause with his previous employer. Some might consider it a virtue the he was brave enough to follow through with a tribunal. Others might say he was foolhardy to risk his career over a relatively small issue.

Keep looking for a candidate that might have more experience, good references, and a fine track record.
Having great education credentials does not mean the individual will be a good employee.

[Shorty458]

Originally Posted by BigDGeek

Not right off the bat, no. I admire people who actually have the guts to stand up for themselves and demand that their rights be respected when their employers step all over them.

There's a difference between sticking up for yourself and suing everyone you've ever worked for. Do the usual background checks, but I wouldn't hold this against the guy.

Exactly. Maybe his previous employer has been doing this for years, and he was the first one to actually stand up.

[BigDGeek]

Originally Posted by Norbert.Berkowitz

Thank you for the replies. The chemistry with the candidate is good and we are going to progress with his application.

That's great that you're giving him a shot. Hope it all works out well.

[marksmu]

Originally Posted by Rabrrita

Unemployment is one of the cheapest administrative process for an employer to participate in. Employers do not "settle" and in the majority of cases, they do contest the unemployment. Whenever an employees claim is successful (by adjudication or default) the employers unemployment tax rate rises or their reserve account is assessed the funds. That means they can end up paying a sizable amount for any claim that is paid. That is why they don't "settle" to save money and normally fight claims. There is an entire industry built only on fighting employee unemployment claims.

I am well aware of how the unemployment system works...I have participated in literally hundreds of them as the employers representative. Most of the companies I represent fight all of the unemployment claims which are considered frivolous.

If you have never participated in these hearings, "tribunals" or whatever you want to call them, the process is pretty straight forward. First step is the written evidence gathering with a decision made by an employee of the State usually heavily biased in favor of the employee. Second step is written appeal, followed by a phone hearing. This is where you get past the biased state employee to someone who is bound by the letter of the law. Third, is an appeal to the district court....I've only had to do a handful of those b/c we very seldom lose at the initial appeal level. The district court appeal can easily be more costly than the claim itself....especially if the claimant hires an attorney.

My companies do not settle though, they fight them all when they are standing on solid principal...When a person's claim is legitimate, there is nothing to do at all....just fill out the form and the employee gets Unemployment.

[Shoshanarose]

Originally Posted by Norbert.Berkowitz

The prospective employee has great educational credentials. However, he has been dismissed by his previous employer, as the financial situation in the company became more difficult. His former employer ignored the notice period so he took him to the tribunal to claim 3-months of notice period. Is this a red flag?

Only if you also plan on ignoring laws/policies.