What to do if a previous employer of mine is stating I was fired, however I resigned my position and have a copy of my resignation letter?

UPDATED: Nov 19, 2012

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What to do if a previous employer of mine is stating I was fired, however I resigned my position and have a copy of my resignation letter?

It was signed by my supervisor at the time. My employer now just terminated me, stating that I falsified information on my application. This was determined when a background check was done 10 months later. What should I do at this point? What are my rights and do I have a case for unfair termination?

Asked on November 19, 2012 under Employment Labor Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

Arizona is an at-will employment state, meaning anyone can be terminated for any reason except an illegal (discriminatory) one.  Lying on your application for employment is a perfectly legal basis for termination.  However, your question indicates that you resigned before your were terminated.  If so, and if your employer is telling potential employers that you were terminated, you may have a case for defamation.  If your employer is telling DES you were fired to prevent you from getting unemployment, they will not prevail because lying on your application is not the sort of thing that is so directly opposed to your employer's interest as to preclude you from obtaining unemployment.

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