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Guest011214 · 09-14-2013, 07:30 PM

What is the law regarding former employers telling prospective employers bad thing about you?

would love any thoughts on this...pm me and I will tell you exactly what happened and how I found out!

Topgun007 · 09-14-2013, 10:15 PM

Did what they say to your potential employer permit you from getting the new job?If you can prove they said something slander ish they can be held liable.

royamcr · 09-14-2013, 10:32 PM

You would have to prove that they are lying or making up stuff about you for it to be slander. It is usually company policy, not law, that limits what a former employer can say about a former employee. They just don't want to take a chance of it becoming a legal issue and have to pay to defend themselves.

lookintoo1 · 09-15-2013, 06:09 AM

If I understand it right they can only state whether you are eligible to be rehired. Most will say yes or not answer that do to the edge it walks on. sending you a pm

swarmyone · 09-15-2013, 10:50 AM

Quote:

Originally Posted by royamcr

You would have to prove that they are lying or making up stuff about you for it to be slander. It is usually company policy, not law, that limits what a former employer can say about a former employee. They just don't want to take a chance of it becoming a legal issue and have to pay to defend themselves.

Good advice here. Don't listen to all that crap about only being able to refer to "ability to re-hire". That's just pussy ass human resources trying to avoid legal ramifications of telling the truth. I am a manager that hires/fires people all the time. When someone calls me to research a former employee, I am truthful. Reason being that I would hope and expect the same in return.

99% of HR rules are company policies, not laws.

BigDeal · 09-15-2013, 11:31 AM

Angel you should make the call your self or use a friend...have them call from some made up company and have it recorded...then act as if you are trying to verify employment and ask for details about your former employment...see what happens
I law is only one person needs to know the call is being recorded...that one is you

Knight69Fun · 09-15-2013, 11:39 AM

Quote:

Originally Posted by BigDeal

Angel you should make the call your self or use a friend...have them call from some made up company and have it recorded...then act as if you are trying to verify employment and ask for details about your former employment...see what happens
I law is only one person needs to know the call is being recorded...that one is you

That depends on the state. Kansas is a one-party state (only one party on the call has to know it's being recorded). California, Connecticut, Florida, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington (state), and sometimes Hawaii and Illinois are *not* one-party states, and require all parties on the call to be aware of the recording.

algrace · 09-15-2013, 02:10 PM

False pretenses and other remedies aside, I am sorry to hear of that situation.

Helicopter206 · 09-15-2013, 03:43 PM

Sticky situation, as this is a slippery slope.

Guest011214 · 09-15-2013, 07:03 PM

Quote:

Originally Posted by BigDeal

Angel you should make the call your self or use a friend...have them call from some made up company and have it recorded...then act as if you are trying to verify employment and ask for details about your former employment...see what happens
I law is only one person needs to know the call is being recorded...that one is you

I did that babe....that is how I know exactly what he said!!

How can I record a call?

Sounds like it doesn't matter....he can say whatever he wants
but what he said would Definitely prevent me from getting any job!!
I feel so dumb...should have set him up a long time ago ..wasted so much time doing interviews that I know went great....and then not getting a call back

Bastard

stimulatethemind · 09-15-2013, 07:13 PM

Quote:

Originally Posted by Angel in KC

I did that babe....that is how I know exactly what he said!!

How can I record a call?

Sounds like it doesn't matter....he can say whatever he wants
but what he said would Definitely prevent me from getting any job!!
I feel so dumb...should have set him up a long time ago ..wasted so much time doing interviews that I know went great....and then not getting a call back

Bastard

Angel, many times a less than stellar reference isn't as big of a problem if the prospective employer is made aware of the situation. Do you know why this person is trying to sabotage you? If you can tell the prospective employer what is going to be said, and give a reasonable explanation as to why this person may have it out for you, it can loose some credence. This is quite often true, especially if the rest of your references are good,

JRLawrence · 09-15-2013, 09:12 PM

Quote:

Originally Posted by lookintoo1

If I understand it right they can only state whether you are eligible to be rehired. Most will say yes or not answer that do to the edge it walks on. sending you a pm

Very wrong!!!!

Former employers can tell those who call for references a lot.

There are key words that are used, such as rehire. But, I have told others, and have been told by others, that the girl in question stole from the company. If you really fuck up on the job, do not expect to get a recommendation - ever!!! It can get the manage in trouble with the company.

I once was sent to a one week school that covered this exact thing.

I have learned that there are a lot of questions to ask, and to not just get short answers when you are asking about a former employee. On one hand I have had former supervisors tell some really bad lies about someone just because they did not like the guy's religion. I have had some lies told because a supervisor did not like someone's race. I hired both men, and they were excellent workers. But, without the persistence they would have been passed up.

The bottom line is: did one do the work they were hired for.

One sweet thing to remember: put all the dates on your resume, no missing time periods: not even a month. Missing time periods bring up the question: WHY? Was the person in prison, or in rehab.

It is easier for a woman and a man to cover missing employment periods with: e.g. I was married, I followed my husband in the military or for his job. People relocate for a lot of reasons, just put it down so they don't have to ask the questions, or dig up the answers.

You can account for your time: e.g. I took time off to have a baby, I took care of family members, etc. Just account for the time.

JR

bartipero · 09-15-2013, 11:13 PM

See if this doesn't answer your question:
http://www.shrm.org/legalissues/stat...20immunity.pdf

Scroll down to find the state summary you want and ignore the union org stuff.

Guest011214 · 09-16-2013, 11:40 AM

Quote:

Originally Posted by JRLawrence

Very wrong!!!!

Former employers can tell those who call for references a lot.

There are key words that are used, such as rehire. But, I have told others, and have been told by others, that the girl in question stole from the company. If you really fuck up on the job, do not expect to get a recommendation - ever!!! It can get the manage in trouble with the company.

I once was sent to a one week school that covered this exact thing.

I have learned that there are a lot of questions to ask, and to not just get short answers when you are asking about a former employee. On one hand I have had former supervisors tell some really bad lies about someone just because they did not like the guy's religion. I have had some lies told because a supervisor did not like someone's race. I hired both men, and they were excellent workers. But, without the persistence they would have been passed up.

The bottom line is: did one do the work they were hired for.

One sweet thing to remember: put all the dates on your resume, no missing time periods: not even a month. Missing time periods bring up the question: WHY? Was the person in prison, or in rehab.

It is easier for a woman and a man to cover missing employment periods with: e.g. I was married, I followed my husband in the military or for his job. People relocate for a lot of reasons, just put it down so they don't have to ask the questions, or dig up the answers.

You can account for your time: e.g. I took time off to have a baby, I took care of family members, etc. Just account for the time.

JR

yes he is off my resume and I used that time to take care of family issues. now maybe someone will hire me!
still, I don't know how he can say something that was never proven and that had nothing to do with my work performance
thanks for all the advice!

CaptainKaos · 09-16-2013, 04:24 PM

Here's the deal:

First you have to prove what they said: Even if you wrote it down, it's still a record of the discussion, but having it on tape is better. Even better would be having a potential employer tell you. Perhaps you have a friend who owns a business who could / would help you out.

Second, you have to prove that what they said was a lie. If what this person is saying pertains to the hobby or your personal life, it better be true and / or provable. That being said, if someone is saying you're an escort and they know you are, then it's the truth. Even if they can't prove it, a slander trial against your former employer will ostensibly turn into a trial about whether you're an escort. You probably don't want that.

You also need to prove they said what they said with the intention of harming you and, if you want to make the suit worthwhile, you need to prove damages.