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Old 12-02-2013, 01:26 AM
 
Location: Buckeye, AZ
34,631 posts, read 18,827,397 times
Reputation: 12407

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Quote:
Originally Posted by longnecker View Post
As a college graduate you should understand the word PROBATION.
I do, however a trend I've seen and actually had happen to me is that there isn't a set probationary period. This happened at my last job. I got fired two months in for not catching on yet I wasn't really given feedback on how to improve and what to improve on so I was running around trying to improve without feedback on what to exactly improve on.
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Old 12-02-2013, 07:51 AM
 
1,474 posts, read 3,261,021 times
Reputation: 2069
I can only tell you what happened in my experience as a manager. We had a 90 day probation period. Several times we let people go before the probation period was up. It was NEVER listed in an employment record as "fired" or "terminated" or anything negative. And, our HR only gave out dates of employment. I am not sure if these former employees filed for unemployment though I suspect they did.

I suggest you file for unemployment and that might reveal how your former employer listed your departure. The employer HR will never tell you anything due to lawsuits and EEOC involvement.

Probation is simply a means to screen employees and frankly it is necessary these days. So many employment applicants lie on their resumes and applications. Happens.

Lastly, IF you can afford the consultation fee, run your situation past a labor attorney (if you can find one) or go to a legal aid society lawyer and get advice.

Good luck.
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Old 12-02-2013, 08:02 AM
 
Location: Long Neck,De
4,792 posts, read 7,268,357 times
Reputation: 4802
Quote:
Originally Posted by observer53 View Post
Most employers, when asked by a prospective employer for a reference, will only verify salary and dates of employment, and the position held, and perhaps will state whether the person is eligible for rehire. That's it. You could ask the former employer what their answer to that last question would be. If it's yes, you have nothing to worry about.
If an employer let a person go because they could not do the job why would they say yes to that question??
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Old 12-02-2013, 08:45 AM
 
Location: Vermont
10,931 posts, read 12,319,117 times
Reputation: 15858
I've never heard of a TERM (fancy caps or not) job as a technical term, but it's clear that this was not a hire for a temporary job or a fixed term. This was a permanent job with a probationary period, and the OP was discharged after failing to satisfy the conditions needed to get off the probationary period. In other words, the OP was fired.

Explain it as best you can, be prepared to apply for a lower level job next time, but this is definitely a discharge. If you claim that you have never been fired, or dress it up in some other way, you're likely to be found out and have trouble with the next application because you're lying on the application.
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Old 12-02-2013, 09:42 AM
 
Location: Buckeye, AZ
34,631 posts, read 18,827,397 times
Reputation: 12407
Quote:
Originally Posted by Ollie1946 View Post
I can only tell you what happened in my experience as a manager. We had a 90 day probation period. Several times we let people go before the probation period was up. It was NEVER listed in an employment record as "fired" or "terminated" or anything negative. And, our HR only gave out dates of employment. I am not sure if these former employees filed for unemployment though I suspect they did.

I suggest you file for unemployment and that might reveal how your former employer listed your departure. The employer HR will never tell you anything due to lawsuits and EEOC involvement.

Probation is simply a means to screen employees and frankly it is necessary these days. So many employment applicants lie on their resumes and applications. Happens.

Lastly, IF you can afford the consultation fee, run your situation past a labor attorney (if you can find one) or go to a legal aid society lawyer and get advice.
I agree (in various degrees) with everything you said. The only thing I don't agree with strongly is probation being needed to screen "lying applicants." To me, the issue is with many positions, they look for purple squirrels (whether it is written to get H1-B workers or not) and maybe it isn't a lie that you know how to use say Microsoft Acess, Visio or Project but you aren't to the level as the position requires.

Quote:
Originally Posted by jackmccullough View Post
I've never heard of a TERM (fancy caps or not) job as a technical term, but it's clear that this was not a hire for a temporary job or a fixed term. This was a permanent job with a probationary period, and the OP was discharged after failing to satisfy the conditions needed to get off the probationary period. In other words, the OP was fired.

Explain it as best you can, be prepared to apply for a lower level job next time, but this is definitely a discharge. If you claim that you have never been fired, or dress it up in some other way, you're likely to be found out and have trouble with the next application because you're lying on the application.
It depends on how the company that "let you go" at the end of the term and how the company you apply for puts it. As Ollie posted a post or two above your's his company doesn't consider that a "firing" where your company may. It's hard to know what your next company considers being let go before the end of probation (even if it's a year) if it's a firing or not. For mine, I know it was (even though it has no reason other than being "ineligible"...)
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Old 12-02-2013, 02:25 PM
 
Location: Old Bellevue, WA
18,782 posts, read 15,406,170 times
Reputation: 7965
Quote:
Originally Posted by imagineAA View Post
It is being fired for being unable to pass your initial employment period, for reasons of performance, work conduct, or no reason at all.

Union contractual protections against firing without due process/cause, AFIAK, do not cover employees during their initial ['probationary'] period.

A year is an awfully long probationary period in a union environment, AFAIK.
Exactly. Most union contracts have a 'just cause' provision that says that an employee can't be terminated except for 'just cause,' and that the burden of proof is on the employer. But most contracts also exempt the employer from that provision during probation (seniority provision). They can let you go on a whim.

You could honestly say that you were not 'fired for cause.' The problem is that 'fired' is imprecise. I'm kind of surprised that the word would be used on a job application.
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Old 12-02-2013, 02:32 PM
 
Location: Old Bellevue, WA
18,782 posts, read 15,406,170 times
Reputation: 7965
I suggest asking your (ex) union business agent/rep (not your shop steward) for a meeting and get your questions answered. You paid dues to them to them during the time you worked, so they owe you that much. The business agent might also be able to negotiate w/ management and get them to agree on how to respond to inquiries from other potential employers regarding your work history.
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Old 10-12-2014, 01:13 PM
TZ7
 
45 posts, read 63,800 times
Reputation: 25
lllllllllllllllllllllllllllllll
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Old 12-05-2014, 08:58 AM
 
1 posts, read 30,064 times
Reputation: 13
My former employer listed me as being terminated from my probation period. Should I state yes or no to the question "have you ever been fired" What reason should I give?
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Old 12-19-2014, 12:48 PM
 
3 posts, read 31,073 times
Reputation: 10
Is it fair to be let go on a probationary period after your second day? I literally had no time to learn anything, barely trained, never had a chance to organize my materials, etc. It was a family business and I feel I was let go because the owners sons girlfriend wanted the job. I gave up other offers and it left me in a huge financial mess right before Christmas because I left another job. I wasn't even given a chance to show myskills. I had 90 days and they specifically told me there was a learning curve. The trainer even said I was picking up on everything quick. The day I went in, the girlfriend's name was already on the laptop I was using, etc. This happened overnight. Ethically, I think this is terrible. I have 25 years experience and have never been let go at a job.
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