If you’re fired without being told you can tell a prospective employer you resigned?

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If you’re fired without being told you can tell a prospective employer you resigned?

I was suspended a few months ago and was told I would receive a phone call saying whether or not I would be fired. Instead I received a paycheck a month later, so I assume that I’m fired. I had read on another legal forum that when this happens, I can tell a prospective employer that I resigned and then give the details afterwards if they ask. I just wanted to verify if that was true.

Asked on July 12, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't actively lie--if you do, it is fraud--but you don't have to elaborate past what you know, or speculate about what happened when you are not certain. So if you were never told you were fired and you did start looking for another job, you should be able to indicate or state that you resigned to seek other opportunities.


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