If you were fired from your last job wrongfully, you might be looking for a new job and cannot explain your previous circumstances. Here are some tips to explain wrongful termination in an interview.
Explaining any firing from a job in a job interview can be complicated, and explaining a wrongful termination can sound like a daunting task. Wrongful termination is when an employer fires an employee for illegal, unfaithful, or just unfair reasons for the firing. When interviewing for a new job, it is best to be concise, transparent, and clear about the circumstances of the firing. Make sure to focus on yourself and not the wrongful termination. New employers care about how you’re a good fit for the position, not your previous firing.
What is Wrongful Termination?
Wrongful termination is when an employer terminates a job or contract with an employee. The termination is unlawful, discriminatory, violates terms of employment, or the firing violates a statute of employment law in your state.
Most employment is “at-will,” meaning employers have the right to terminate an employee at any time for any reason or no reason at all, as long as the reason is illegal or violates the terms of employment. If you think you have been wrongfully terminated, you should talk to an experienced attorney as soon as possible.
Unlawful or wrongful termination may look like this, among others:
1. Violation of Written Promises/Contracts
An employer’s statements promise you job security through a written promise or contract with clauses only allowing you to lose your job for a good cause or reasons within the contract. If your firing conflicts with the written good cause or reasons for termination, you may have been wrongfully terminated.
2. Implied Promises
Sometimes employers do not provide a written contract but will make verbal promises. The verbal promises are the existence of an implied employment contract based on what your employer said and their actions. The promises are another exception to the “at-will” rule of firing an employee.
Any promises of employment will equate to implied employment, along with:
- Duration of employment
- If you had promotion(s), and how many
- History of positive performance reviews
- Promises of continued employment
- Promises of long-term employment when hired
- If a violation of employment practices occurred when you were fired
3. Breaches of Good Faith
A breach of good faith would occur when an employer acts unfairly.
Examples of unfair dealing or breaches of good faith are:
- Firing or transferring employees to prevent sales commission
- Misleading employees about the job: wages and promotions or dangerous aspects of the job
- False reasons for firing when motivations were to hire someone else with a lower wage (evidenced by paystubs)
- Repeatedly putting employees in dangerous, isolating, or otherwise undesirable assignments to encourage employees to quit without benefits.
4. Violations of Public Policy
This last category is firing an employee for reasons society recognizes as illegitimate grounds for termination, or federal laws make it illegal to fire that employee. Violations of public policy look like discrimination because of race, age, sexual orientation, and protected categories.
If you think you experienced wrongful termination, you should speak with an experienced attorney right away. However, remember that limits exist on following legal paths for justice for wrongful termination.
Explaining Wrongful Termination in an Interview
In an interview, you may not disclose you are taking legal action against your former employer, but get started today if you are thinking about it.
Explaining being fired from a previous job is never easy, especially if you were wrongfully terminated. It is important to represent yourself in the best light during an interview. Depending on the situation, this means framing the firing in the best light possible without pointing blame at your former boss.
Here are more tips for explaining your wrongful termination:
- Explain the situation as clearly as possible.
- Be open, honest, and transparent without being accusatory.
- Be as honest as possible, but try not to share too much about the firing.
- You do not want to provide unnecessary information unless asked.
- You do not need to tell prospective employers about every past job; you can simply explain “it was time” to leave the position and move on.
- Avoid blaming other people for representing yourself in the best light possible.
- Avoiding blame also means not speaking ill of your former employer.
- Briefly explain the cause of termination without dwelling on it.
- Phrase your responses to emphasize your good qualities and what you learned from your experience at the job, regardless.
Your new employer may not care about the cause of your termination. Discussing a wrongful termination may take away from the good qualities you present. It is best to represent yourself as best as you can.
Related: How to Calculate Damages in a Wrongful Termination Case
Contact Us
If you or a loved one would like to know more about how to explain wrongful termination in an interview, get your free consultation with one of our wrongful termination attorneys today!