Human Resource Blog

Proper Etiquette for Interview

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When an employee has been terminated, is it legal for an interviewer to ask if they have been fired? Also, what reasons can an employee give during an interview to improve their chances of being hired? 

It is perfectly legal for an employer to ask, “Were you fired from your last job?” in an interview. Sometimes this question is phrased, “Why did you leave your last job?”

When checking references, many interviewers will ask former employers the same question. Many interviewers try to get this information by asking, “Is this employee eligible for rehire?” They may not receive an answer, but they will ask.

The only reason this question would be illegal would be if an interviewer used it to discriminate against applicants in protected groups. For example, if the interviewer asked this question of every African American candidate, but never asked it of Caucasian candidates, that would be illegal discrimination.

Look at it another way. You are interviewing employees for a position that requires a lot of responsibility. Of the three people you interview, one was fired for stealing and one for being tardy all the time. Wouldn’t you want to know that information as an employer, before you make a decision on who to hire?

Most people assume that if an employee is fired, he or she will never work again. However, in reality, 70% of workers are fired at some point in their career. Being fired is usually not as big a deal to potential employers as it is to the applicant. Some even neglect to ask about it.

However, if an employee is fired for gross misconduct, such as violence towards another worker, threats or stealing, that is a red flag to most potential employers.

How should this question be answered in an interview? That is a subjective question, and many HR pros will have different opinions. This question was sent to Jane, a professional resume writer and member of PARWCC, the Professional Assoc. of Resume Writers and Career Coaches. Her advice is below:

A mentor in the HR field once said, “Everyone leaves a job for some reason. After they do, the employer checks a box on the termination form that says ‘quit’ or ‘terminated’. When we interview an applicant, it’s not really a major concern which box was checked by the previous employer.”

The important factor with this question is how the applicant answers the question, not just if he or she was fired. Try to address the underlying causes for being fired, and put a positive spin on the situation. Maybe an employee was repeatedly held up in traffic, and was fired for being tardy too often. Instead of saying, “I was fired because the boss was a jerk” or “I was fired for tardiness” say “The commute just became too much for me.” This is especially effective if the job you are applying for involves a shorter commute.

If the problem was a temporary situation that has changed, say so. “I had some health problems that caused me to miss too much work, but I’m 100% recovered.”

Avoid saying anything negative about anyone in the interview. If you say “I left because of a personality conflict” the interviewer will assume that you don’t get along well with others.

If you are asked directly, “Were you fired?” tell the truth. Most employers will not hire someone who lies, even about minor things. Don’t say you were “laid off.” Layoffs involve a number of people who are being downsized and it’s easy to check. Don’t be tempted to say, “It was by mutual agreement.” There is no space on the termination form for “mutual agreement” so the interviewer knows that you are lying.

If the employee genuinely made some mistakes, such as stealing or excessive absenteeism, say so. Hopefully he or she will be able to add, “Here’s what I learned from those mistakes…”