What to do if I resigned from a company and now during the process of finding a job elsewhere I have learned that my file states I was asked to resign?

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What to do if I resigned from a company and now during the process of finding a job elsewhere I have learned that my file states I was asked to resign?

I was not terminated.

Asked on December 29, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your employment file actually means very little in and of itself. Since you did resign, as you state, you are not entitled to unemployment compensation, so the file does not matter in this regard. If a prospective employer contacts your former employer and the former employer states a factual untruth about you that damages your reputation or employment prospects, that may be defamation and give you a claim or cause of action--but if they do not make any untrue factual statements about you, the contents of your file are irrelevant.

Of course, if you are uncomfortable with what it says, nothing stops you from talking to your former employer asking them to correct what the file says.


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