Question to Ask the Workplace Doctors about warning from a previous employer:
I received a written warning in May 2007 from a previous employer. From this company, I was dismissed for different reasons. I started employment with another company and worked for them for 9 months when they called me to a disciplinary regarding my written warning I had received from my former employer. I had mentioned in my initial interview that I had been dismissed and this was discussed, and I also mentioned that I had a redundant written warning. I was employed and taken on; however, they have now used this written warning as a reason to dismiss me as they are saying they have no record of it, and also if they had known about it, they would never have taken me on in the first place. Can you tell me if they are allowed to use this, and if so, why?
I’m sure this is a discouraging time for you. You had hoped to put an unhappy situation behind you and then it caught up with you in a new job. Even if you were honest and upfront in your interview for the new job, somehow, there was or is a reason your current employer decided they didn’t want you. Much more of your story would be needed to learn if your previous and/or current employer could justify a previous warning as cause for your dismissal.After studying your question, guest respondent,
Human Resources Manager Dan Kearney, says, “This is a legal issue and not an HR issue. You need to be upfront and honest with his attorney. I’m not saying you have an action. Most likely you don’t, but you need to refer this matter to a legal authority.” If you want to pursue this matter, find an attorney who specializes in labor issues. You usually can find one that provides a half hour free to learn if you have a case. My experience is that the legal route is long, difficult and costly.
Possibly you had best put this behind you and begin a job hunt since it appears that you have been or shortly will be unemployed. May your next job be a happy one–One in which you can say: Working together with hands, head, and heart takes and makes big WEGOS.
Gorden & Kearney