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lookingfortruth

(263 posts)
Wed Jun 13, 2012, 09:54 PM Jun 2012

Question: when a prospective employer calls to find out about a prospective employee what is the

former employer allowed and not allowed to say?

Does a former employee have any recourse against an employer who may be bad mouthing them because employer didn't want employee to leave and feels they can get employee back if no one else will take them?

24 replies = new reply since forum marked as read
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Question: when a prospective employer calls to find out about a prospective employee what is the (Original Post) lookingfortruth Jun 2012 OP
Yes, if s/he slanders or libels; elleng Jun 2012 #1
Most of the kinds of conversations you described happens over lunch rather than a phone NNN0LHI Jun 2012 #2
I have been slandered twice. That I know of. WingDinger Jun 2012 #3
Former employers are not exempt from slander/defamation suits... PoliticAverse Jun 2012 #4
There have been so many Confusious Jun 2012 #5
I'm pretty sure you are allowed to tell them if they are eligible to be re-hired. My brewens Jun 2012 #13
You will probably win a lawsuit if someone says you aren't rehireable obamanut2012 Jun 2012 #15
No one can sue you for answering "No" to the question: kestrel91316 Jun 2012 #17
They can and they do obamanut2012 Jun 2012 #19
And the truth is an ironclad defense in this case. The truth is not libel or slander, kestrel91316 Jun 2012 #20
I think they are suppose to stick to the facts 2pooped2pop Jun 2012 #6
First a suggestion. Curmudgeoness Jun 2012 #7
Of course they are allowed to say anything they want. We do have freedom of speech in this country. Nye Bevan Jun 2012 #8
When handling referrals was part of my job, years ago, Ineeda Jun 2012 #9
+1 nt MannyGoldstein Jun 2012 #14
Dates of employment only. n/t tammywammy Jun 2012 #10
+1 obamanut2012 Jun 2012 #16
Which leads to a conflict when it comes to job hunting IDemo Jun 2012 #22
There's a difference between a reference and previous employment confirmation. tammywammy Jun 2012 #24
This is one of the reasons I am glad I got into trucking... A HERETIC I AM Jun 2012 #11
should just confirm that the person worked there and when ThomThom Jun 2012 #12
Question for Original Poster: xfundy Jun 2012 #18
Basically by LAW all I am allowed to say is if I would rehire that person Bandit Jun 2012 #21
A temper tantrum directed at a former employee cost one of our clients $350,000 Sen. Walter Sobchak Jun 2012 #23

elleng

(131,039 posts)
1. Yes, if s/he slanders or libels;
Wed Jun 13, 2012, 09:56 PM
Jun 2012

probably not, otherwise. (Unless there was some sort of written agreement/contract to the contrary..)

 

WingDinger

(3,690 posts)
3. I have been slandered twice. That I know of.
Wed Jun 13, 2012, 10:04 PM
Jun 2012

Once, I was promoted over the foreman. So, his wife is office manager, and she shoots him the calls, after I am layed off. He says I am a piece of shit. This goes on for months. I have no idea. Until a friend there tells me. This piece of shit comes knocking on the door of the place I finally get a job. I told him he is lucky I dont disable him on the spot. He better be gone by the time I check again.

Another is the manager says to the sister facility in Oregon, where I have travelled to interview, that I was fired. I was layed off. No telling how many other places he fucked me out of. Careers are ruined by shitheads like these. I wish I could have sued. But, you never win those, and you go broke till you win.

I should have flattened them both.

Confusious

(8,317 posts)
5. There have been so many
Wed Jun 13, 2012, 10:06 PM
Jun 2012

Lawsuits about this sort of thing, I think the only lawful thing they can say is:

yes, he/she worked here during that time.

Anything else is grounds for a lawsuit.

Now if you put that person down as a reference, that's another matter entirely.

brewens

(13,612 posts)
13. I'm pretty sure you are allowed to tell them if they are eligible to be re-hired. My
Wed Jun 13, 2012, 10:22 PM
Jun 2012

company actually tells you at the exit interview if that is the case or not. I was told by the Red Cross blood Service that I was on the re-hire list. i suppose that doesn't mean they will bring you back for sure.

obamanut2012

(26,094 posts)
15. You will probably win a lawsuit if someone says you aren't rehireable
Wed Jun 13, 2012, 10:57 PM
Jun 2012

I've had one friend and one relative sue and win over this. You can, basically, say Person X worked from this time to that time, and made this much money.

As someone said upthread, a reference can say anything.

 

kestrel91316

(51,666 posts)
17. No one can sue you for answering "No" to the question:
Wed Jun 13, 2012, 11:01 PM
Jun 2012

"Would you hire this person again?"

So that's all I say if it's a bad former employee - dates worked and whether or not I would rehire. They get the message.

In most cases my former employees are eligible for rehire, and they usually stay on as loyal clients, so I rarely have to deal with this situation. When I get calls about THEM, I make sure the prospective employer knows how good they were and that we miss them.

 

kestrel91316

(51,666 posts)
20. And the truth is an ironclad defense in this case. The truth is not libel or slander,
Thu Jun 14, 2012, 05:23 PM
Jun 2012

particularly when it involves a hypothetical regarding what someone would do.

 

2pooped2pop

(5,420 posts)
6. I think they are suppose to stick to the facts
Wed Jun 13, 2012, 10:08 PM
Jun 2012

Like how long you were there, but your performance would be iffy. It would be somewhat subjective to their opinion. So that's not going to be given usually.

Why you were let go if you were,could be given but some may even balk at giving that.

Of course that was the old rules. New rules are if a republican is calling another republican about a republican, any lies are considered ok as long as they are in favor of the republican being called about.

If any republican calling any republican about a democratic employee, then lies are accepted and even requested as long as they are bad and keep the democrat from getting a job.

Any democrat calling a republican about a republican or a democratic prospect, will be lied to making sure that only a poor performing employee will be recommended to the democratic employer.

and so on.

Curmudgeoness

(18,219 posts)
7. First a suggestion.
Wed Jun 13, 2012, 10:09 PM
Jun 2012

If you think this is happening, let the prospective employer during the interview that the former employer was upset when you left. This will defuse this sort of situation.

But I have worked in human relations, and every workshop and seminar that I attended cautioned us to give very little information if someone was checking references from us on former employees. We were told the only questions we should answer were 1) yes, that person worked here and we can give how long they worked, and 2) are they eligible for rehire---but no details as to why or why not. I always went a step further and only would answer that the person was an employee. The reasons we were told not to give more information was because of possible law suits. It seems that preventing someone from gaining employment elsewhere or stating things that may be considered untruths or stretches of the truth could be grounds for a law suit (even if it may not win, you would be put through the mess of lawyers and courts).

Are you sure this is happening and how do you know? Have you had a friend make a call for a reference?

The exact laws may be different in every state. And many former employers may not be aware that it is not a smart move to give too many details.

Nye Bevan

(25,406 posts)
8. Of course they are allowed to say anything they want. We do have freedom of speech in this country.
Wed Jun 13, 2012, 10:12 PM
Jun 2012

And also of course, if someone tells lies about you to someone else you can sue them for defamation. This applies to anyone, not just former employers.

Some companies have a policy of only verifying dates of employment in order to ensure that they cannot be sued for defamation, but that is their choice, not a legal requirement.

Ineeda

(3,626 posts)
9. When handling referrals was part of my job, years ago,
Wed Jun 13, 2012, 10:13 PM
Jun 2012

I was told to simply confirm former employment dates. Period. Even a simple, "Would you hire him/her back?" was not supposed to be answered. We couldn't say anything positive either, in case he/she were hired on our recommendation and then did something bad, like embezzlement or something. They were scared to death of lawsuits. It would cost them a bundle, so they did everything to avoid the possibility.

IDemo

(16,926 posts)
22. Which leads to a conflict when it comes to job hunting
Thu Jun 14, 2012, 05:39 PM
Jun 2012

Virtually all large companies demand a minimum of three references from former places of employment, and virtually all companies have policies forbidding anything more than affirming employment dates.

tammywammy

(26,582 posts)
24. There's a difference between a reference and previous employment confirmation.
Fri Jun 15, 2012, 02:13 PM
Jun 2012

If a prospective employer is verifying employment they call the HR dept which can only confirm dates.

Your references aren't the same. If you select a person as your reference they aren't held to the dates only standard.

A HERETIC I AM

(24,372 posts)
11. This is one of the reasons I am glad I got into trucking...
Wed Jun 13, 2012, 10:17 PM
Jun 2012

Because these days, the former employer is REQUIRED to only say whether I am eligible for rehire or not. Any other editorializing with regard to a commercial driver is verboten

xfundy

(5,105 posts)
18. Question for Original Poster:
Wed Jun 13, 2012, 11:34 PM
Jun 2012

You have, at the time of my post, received 17 replies, all with relevant information in answer to your question.

Has any other forum out there ever given you such an outpouring of info, without asking to be paid? Or attacking you, for whatever idiotic reason?

Has any other forum refrained from giving you negative advice, or suggested the former employer/employee is evil if they don't believe as you do, or is a body part related to waste elimination?

Welcome to DU. This place has the smartest, most giving, most caring people I've ever known of. Please note that the site has NO religious affiliation, but no animus against the religious, as long as they don't try to hurt others. This is people, willing to help others, just because we all benefit from helping, and often learn from others in the process.

Please tell your friends. DU is the closest thing I've found to a community that is non-judgemental and concerned with truth, scientific and otherwise, for its own sake.

Bandit

(21,475 posts)
21. Basically by LAW all I am allowed to say is if I would rehire that person
Thu Jun 14, 2012, 05:35 PM
Jun 2012

Anything else sets you up for legal action...

 

Sen. Walter Sobchak

(8,692 posts)
23. A temper tantrum directed at a former employee cost one of our clients $350,000
Thu Jun 14, 2012, 06:14 PM
Jun 2012

A sales manager quit to go to a competitor and an executive lashed out at her claiming among other things over several months that the ex-sales manager was:

1. A meth user, a heroin user, a crack user...
2. Pregnant by a subordinate, pregnant by a teenager, pregnant by a priest...
3. Resigned over fraudulent expenses, failed drug test, sexual harassment...
4. Arrested for shoplifting, DUI, public sex acts...

They settled out of court for $350,000 and terminated the woman responsible for the one-woman slime machine.

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