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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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What can employers legally say about previous employees to other employers?
    #10570199 -

Can they say that a previous employee was terminated?

Can they say why?

I've heard that they usually just verify employment dates.

I live in Oregon.


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Re: What can employers legally say about previous employees to other employers? [Re: LayYouIn]
    #10570226 -

Well, there is the "legal" issue, and then there is something we call "reality".

If you list someone as a reference, that reference can (and likely will) tell the employer about all ascts of your performance.

I'd suggest you not list a questionable reference.  If you are unsure about the reference you're listing, ask him/her in a frank manner "will you provide a positive reference that puts me in a good light?".


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...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436

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Re: What can employers legally say about previous employees to other employers? [Re: LayYouIn]
    #10570252 -

From the paperwork I've read about OSHA standards (if you are in Unmerica), they can't say anything unnecessarily negative, and beyond mentioning attendance rates and behavior, shouldn't be able to say anything that might affect your ability to be hired.


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The Mad Shroomer said:
People are always promising the apocalypse. They never deliver. :frown:

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Re: What can employers legally say about previous employees to other employers? [Re: badchad]
    #10570263 -

badchad said:
Well, there is the "legal" issue, and then there is something we call "reality".

If you list someone as a reference, that reference can (and likely will) tell the employer about all ascts of your performance.

I'd suggest you not list a questionable reference.  If you are unsure about the reference you're listing, ask him/her in a frank manner "will you provide a positive reference that puts me in a good light?".



I don't think he's using them as a reference so much as he is for job history.

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Re: What can employers legally say about previous employees to other employers? [Re: Wasteland]
    #10570271 -

I don't think so.  I'll tell anybody who asks me just exactly what I think of a previous employee, why he is no longer an employee, and that they can use that information any way they want.


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Re: What can employers legally say about previous employees to other employers? [Re: zappaisgod]
    #10570380 -

It is illegal to say anything bad. I guess they can only really verify how long youve worked and whether or not they recommend you.

Source : plenty of managers ive spoken to at different jobs.

Edited by ReefaCheefa (06/25/09 12:00 PM)

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Re: What can employers legally say about previous employees to other employers? [Re: zappaisgod]
    #10570428 -

zappaisgod said:
I don't think so.  I'll tell anybody who asks me just exactly what I think of a previous employee, why he is no longer an employee, and that they can use that information any way they want.


ReefaCheefa is right.

Even if your previous employee was a total jackleg fuckoff,

if the boss at the place of employment for which your former employee is applying for a position tells your former employee what you said about him,

you can be sued for degradation of character, and the boss at that establishment could be subpoenaed to testify under oath against you.

It's not a smart move.


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If you build it they will shrug.
:shrug:

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Re: What can employers legally say about previous employees to other employers? [Re: Swyfty Swyf]
    #10570468 -

I can't find the policy I am thinking of. I could probably find it in my old employee handbook though...

http://www.osha.gov/index.html

^my eyes hurt from trying to find shit there, and I didn't even look that long.


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The Mad Shroomer said:
People are always promising the apocalypse. They never deliver. :frown:

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Re: What can employers legally say about previous employees to other employers? [Re: Swyfty Swyf]
    #10570474 -

It's only degradation of character if you lie and/or exaggerate. They can state your performance in an objective manner.  If they can relatively objectively say that you sucked, they have every right to.

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Re: What can employers legally say about previous employees to other employers? [Re: pwnasaurus]
    #10570517 -

It would be up to a judge to decide.

Pain-in-the-ass court dates and lawyer fees would be easily avoided by simply refraining from making negative comments about former employees.


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If you build it they will shrug.
:shrug:

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Re: What can employers legally say about previous employees to other employers? [Re: LayYouIn]
    #10570595 -

LayYouIn said:
Can they say that a previous employee was terminated?

Can they say why?

I've heard that they usually just verify employment dates.

I live in Oregon.


Employers are free to say what they wish as long as it is truthful. Slander and the like will cause an employer heartache. This is why a wise employer documents any employee issues with great care.

Think about it. Why good would references be if they weren't truthful?

Now, many companies are overly worried about lawsuits and will only give the basics like length of employment, salary, attendance and the like.

If the person checking the references is wise he/she will ask 1 simple question: Would you hire this person again?

The answer to that question is the one I am most interested in hearing when I check references.


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You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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Re: What can employers legally say about previous employees to other employers? [Re: luvdemshrooms]
    #10570641 -

luvdemshrooms said:
LayYouIn said:
Can they say that a previous employee was terminated?

Can they say why?

I've heard that they usually just verify employment dates.

I live in Oregon.


Employers are free to say what they wish as long as it is truthful. Slander and the like will cause an employer heartache. This is why a wise employer documents any employee issues with great care.

Think about it. Why good would references be if they weren't truthful?

Now, many companies are overly worried about lawsuits and will only give the basics like length of employment, salary, attendance and the like.

If the person checking the references is wise he/she will ask 1 simple question: Would you hire this person again?

The answer to that question is the one I am most interested in hearing when I check references.



Only use good references.  Work history is not the same as a reference.  Even your shitty jobs should be in your work history.

If I'm listed as a reference, I give honest factual information on their job performance.  Otherwise, payroll can verify their employment history.

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Re: What can employers legally say about previous employees to other employers? [Re: LayYouIn]
    #10570656 -

Quote:
Can they say that a previous employee was terminated?

Can they say why?

I've heard that they usually just verify employment dates.

I live in Oregon.


Depends on the state.

In am in CA and here employers generally verify the dates that you worked, and not much more.

HR people are taught to be very tight-lipped about any details.

References are another story all together - Make sure you stay in contact with the people you use as references, call them at least every year.  And before you use them as a reference, call them again and give them a heads up that they are likely to get a call asking about you in the near future.  They will say much more positive things if they are expecting the call.

If you are not 100% sure that they will give you a good recommendation, just ask them what type of recommendation they will give you, and if the answer isn't 100% positive, use someone else.

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Re: What can employers legally say about previous employees to other employers? [Re: Cowgold]
    #10570678 -

Cowgold said:
  Even your shitty jobs should be in your work history.



This is best to avoid.

Luckily, I have good relationships with my past three employers for whom I worked for at least 2 years.

They usually only ask for three past employers and three references.

When I wasn't where I am, I used phony employers to give the impression that I had good relationships and a tendency to stay at one place for an extended period of time.

Those are important assets in an employee.


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If you build it they will shrug.
:shrug:

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Re: What can employers legally say about previous employees to other employers? [Re: ReefaCheefa]
    #10570760 -

ReefaCheefa said:
It is illegal to say anything bad. I guess they can only really verify how long youve worked and whether or not they recommend you.

Source : plenty of managers ive spoken to at different jobs.


Bullshit.  I'm an employer and I'll tell anyone who asks whatever I want as long as it's accurate.


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Re: What can employers legally say about previous employees to other employers? [Re: zappaisgod]
    #10570807 -

Keep it up.

Your mission to expose the work ethics your former employees could very well cause you to be litigated, whether you deserve it or not.

Is it really worth the risk?

What have the companies done for you, so that you would risk your valuable time to dish them the dirt on their potential new employee?

There is no benefit in it for you.

You're just being hard-headed.


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If you build it they will shrug.
:shrug:

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Re: What can employers legally say about previous employees to other employers? [Re: Swyfty Swyf]
    #10570900 -

No, I am performing a useful public service as is my duty as a human being, which is to warn others about employee malfeasance and incompetence.  It is in fact quite altruistic and no one has ever tried to sue me.  Because they would get their asses handed to them in court and they know it.


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Re: What can employers legally say about previous employees to other employers? [Re: zappaisgod]
    #10570933 -

:lol:

Awesome.

You don't by any chance work in the construction industry do you?

I get the feeling you might be a roofer.


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If you build it they will shrug.
:shrug:

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Re: What can employers legally say about previous employees to other employers? [Re: zappaisgod]
    #10570953 -

That is complete unethical business practice. Lets say you yourself were applying for oh i don't know another HR position, and your present employer decides to mention the fact that as their employee you were known to give "bad" references, A practice that is not only illegal, but it makes you seem like an incompetent jackass. You see, you are not only putting your job at risk, but the company as a whole because not only will you get sued, but so will your company for letting there HR worker give bad references. If anyone is going to say anything about a previous employee they one, better have WRITTEN approval from the previous employee and second, you never give a reference or employee history over the phone, you WILL get sued, and you WILL lose.


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The rebelious child finds a father everywhere he travels.

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Re: What can employers legally say about previous employees to other employers? [Re: rocko_337]
    #10571232 -

I dunno.

A lot of folks don't know that they have a case.

He already said that he hasn't been sued.

That seems plausible.

Most low-end job-to-jobbers don't know the law very well.


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If you build it they will shrug.
:shrug:

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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