Legal Question in Employment Law in Iowa

I have been employed at a company for 2 years and decided to apply for a better job within the same company. I was fired from my last job because I was told I wasn't a "fit". My current employer is asking me to sign an employment verification form that asks if I left voluntarily or involuntarily and if they would rehire me again. My question is, if I sign it and my past employer fills the form out showing I left unvoluntarily, will my current employer likely fire me now?

When I was hired for the job and they asked why I left my past employer, I just said the job ended and they dropped it at that. No further questions were asked.


Asked on 6/28/10, 5:44 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Sometimes there are questions that are better not asked, because the answers can get you in a pickle-such is the case here.

There is a better than passing chance that they might terminate you. As you know Iowa is a right to work state, which means you can be fired for any reason, good reason or no reason at all.

The problem you have here is that if you refuse to sign the employment verification, they may figure you have something to hide that you did not tell them about and they may terminate you on that basis. So you're between the classic rock and hard place. On the other hand, if you've been good for your present employer you may get the benefit of the doubt.

I think you could legitimately answer the form by saying 1-no, 2-don't know and 3-don't know.

You are also entitled to a copy of your personnel file from your former employer, and it is always good to know what is contained in it. That may help you come to a decision, although what it will do is get the HR person at your former employer interested in you-which is never good, particularly if it is a relatively small company with low turnover. Their reasons for letting you go should be documented somewhere, and if they are not, so much the better for you.

Best of luck to you.

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Answered on 6/30/10, 9:26 am


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