Since the person is a reference they can legally ask questions pertaining to the person's character, etc?
This pertains to California employment law
2006-08-07 10:34:05 · 22 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes. That's the whole idea in the first place. Employers want to make sure that the employee is reliable and dependable and so on.
2006-08-07 10:38:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The areas a prospective employer cannot touch are related to Race, Religion, sexual preference, creed or age.
They also cannot discriminate against you for having children, a disability etc.
An employer has the right to ask the reference(s) about the person's character as it pertains to employment...so if you are a stripper or transvestite...they can't go there and they can't penalize you for it. However, if this is governmental security requirements for employment...the government can look into almost any part of the background including that of relatives.
However, if a prospective employer wishes to ignore the rules of fair employment opportunity...they will do it. I have known of someone who threw an application in the garbage because they didn't like the race that the person was.
I heard this about 3rd hand and didn't see it so wasn't in a position to positively stand against them in front of a Labour board tribunal. However, I did speak with the person and told them that if I did hear of such a thing happening again, I wouldn't be able to simply stand by and they would be reported.
Good luck
2006-08-07 10:45:17 · answer #2 · answered by dustiiart 5 · 0⤊ 0⤋
Most previous employers will only state yes Employee X was employed here from date to date; this is because they want to avoid being charged with liable if the former employee doesn't approve or agree with previous employers opinions. I do not know the specific law in California. A nationwide company I used to work for would only provide dates of employment, absolutely no further detail.
2006-08-07 10:40:10 · answer #3 · answered by gwencristel 4 · 0⤊ 0⤋
I dont know aobut the California law, but i know in Missouri that if someone calls to verify a reference rather it be personal or a prior employment, I believe the only thing they are allowed to say is that "yes i know this person, and this person is or is not a good candiate for the job" that is for personal. As for and employment reference they are only allowed to say "Yes so and so worked for me from such and such, and i would or would not hire this person back" i was a store manager for 5 years, i ran inot this all the tiem
2006-08-07 10:38:57 · answer #4 · answered by tammy3873 2 · 0⤊ 0⤋
Nothing more than verification of their employment with that company. Here is the thing; Knowing and proving are two different things. You may know they are blasting your reputation, but proving it might be too hard to do! Remember, if you go after a company, you also stand a risk of being counter sued, and if you loose, you could loose big time. You are better off just dropping it and moving on with your life, unless of course you can get evidence to back up your claims. I hope this helps you. You might check with local and state laws as they vary from state to state. Good Luck!
2006-08-07 10:43:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I think legally they can ask, but most companies will not give personal views of past employees performance. If you did not get a job due to a bad review by a former employer, you could actually sue them. I think that is messed up, i think employers should have access to every formal review or write up you were given.
2006-08-07 10:45:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's what the reference is for...so that the employing person can call and find out if the person applying would be good for the position. They can ask pretty much whatever they want about the person's character.
2006-08-07 10:39:20 · answer #7 · answered by mtngrl7500 4 · 0⤊ 0⤋
Legally, no, but that doesn't stop them. The referring company can only give dates of hire and fire, reason for leaving company, and work ethic. Not if they were a nice person, or had a nice body, etc.
2006-08-07 10:37:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
They may ask about a person's character in the work place. There is no reason not to.
I once replied to such a question that; This was a person that I had no difficulty doing without.
2006-08-07 10:39:53 · answer #9 · answered by rb_cubed 6 · 0⤊ 0⤋
If you list this person as a reference then "yes"....and that is why you want to list them.
Verification of Employment is different....they can call and make sure that you are not perjuring on your application but they cannot solicit opinions and reasons for dismissal.
2006-08-07 10:40:12 · answer #10 · answered by voandginger 4 · 0⤊ 0⤋