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Old 03-24-2016, 06:23 AM
 
3 posts, read 2,275 times
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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?
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Old 03-24-2016, 07:04 AM
 
Location: Western Washington
12,123 posts, read 10,857,019 times
Reputation: 20102
In this particular case, probably not. His previous employer was RIF'ing people through no fault of their own leaving them without a means of supporting themselves.

I would ask a few questions to try and determine the candidates attitude towards whistleblowing and litigation in general. If s/he speaks enthusiastically about the other lawsuits and actions they have been involved with in the past, I would stay away. Otherwise, I would not hold this one against them.
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Old 03-24-2016, 07:07 AM
 
Location: Tennessee
30,787 posts, read 24,305,480 times
Reputation: 39266
Most people probably wouldn't do it, but as long as the circumstances of the case would merit such a thing, it's not wrong.
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Old 03-24-2016, 07:37 AM
 
5,273 posts, read 13,548,511 times
Reputation: 5863
Quote:
Originally Posted by Norbert.Berkowitz View Post
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?
Very much a red flag. It tells me they are litigious in nature. It has also been my experience (BTW, I am a risk manager in the healthcare industry and work with doctors and their employee matters) once someone has done so they are quicker to do so again and again. Credentials aren't everything- I suggest finding the person you think would be the best fit.


Also, I am NOT advocating a business being lazy with respect to employee issues. However, it seems there are those chosen few who want to find a reason to cause trouble whenever they can. And while I do not know this person, I do see it as a red flag.

Last edited by BLAZER PROPHET; 03-24-2016 at 08:27 AM..
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Old 03-24-2016, 08:24 AM
 
Location: North Texas
24,567 posts, read 36,809,789 times
Reputation: 28490
Quote:
Originally Posted by Norbert.Berkowitz View Post
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?
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.
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Old 03-24-2016, 09:34 AM
 
Location: U.S. Pacific Northwest
251 posts, read 170,868 times
Reputation: 591
You'd be surprised at how.many abusive, or just ignorant, managers and executives are out there. And how hard it is to bring a case and get justice. This person has persistence and courage. You don't have any way to really find that out in an interview. Anyone can tell a story.

That person has lived one. If you are fair and good at listening and clear about expectations, you may well have a diamond in this person. How is the chemistry?
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Old 03-24-2016, 10:29 AM
 
Location: In a vehicle.
6,184 posts, read 4,481,913 times
Reputation: 10475
Quote:
Originally Posted by Norbert.Berkowitz View Post
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?
You have an employee who fights for their rights, is that what your afraid of? If so, then hire slaves instead...
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Old 03-24-2016, 10:52 AM
 
426 posts, read 321,532 times
Reputation: 222
Quote:
Originally Posted by Disgustedman View Post
You have an employee who fights for their rights, is that what your afraid of? If so, then hire slaves instead...
I know
Does the OP not like for employees to fight for their rights?
**** we are human beings not robots dude.
Get a grip
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Old 03-24-2016, 11:13 AM
 
18,088 posts, read 16,505,317 times
Reputation: 25191
Quote:
Originally Posted by BLAZER PROPHET View Post
Very much a red flag. It tells me they are litigious in nature. It has also been my experience (BTW, I am a risk manager in the healthcare industry and work with doctors and their employee matters) once someone has done so they are quicker to do so again and again. Credentials aren't everything- I suggest finding the person you think would be the best fit.


Also, I am NOT advocating a business being lazy with respect to employee issues. However, it seems there are those chosen few who want to find a reason to cause trouble whenever they can. And while I do not know this person, I do see it as a red flag.
Chosen few who want to find a reason to cause trouble? This employee did not look for a reason to cause trouble, the company did. It is the company that violated the notice period, not the employee.

I am sure if the situation was reversed, in that the employee violated something, you would be all for the company taking action.

Goodness, some of you people here really amaze me. A case where the company was in the wrong, the employee took action, yet somehow it is the employee that is at fault and deserves the "red flag"?
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Old 03-24-2016, 12:13 PM
 
11,644 posts, read 16,855,376 times
Reputation: 17636
Quote:
Originally Posted by Norbert.Berkowitz View Post
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?
Absolutely not.

If this was a legal requirement imposed by local or state government on mass layoffs, the employee was well within their right to expect the company to abide by the regulations. It's no different than a requirement the company pay the employee for what they worked, pay into unemployment, or post the federal/state employee notices. Would you have thought differently had it been because the company refused to pay the person their last paycheck?
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