Question about what employer can say for a reference?

Question

I want to know if I have my job listed under work history on a application. If they call my work, what can my employer say. I know its illegal for them to say anything negitive about you, but I heard their are loopholes around that. I heard they can say things like, "we wouldn't take him back, he tried his harder, he could be more energetic, etc. This is basicly like saying that your not a good employee." I want to know what they can and cannot say. Can they say this stuff I just mention. I am a good employee for the most part, but I have goofed off before, or talk to my bagger while I was checking. My bost is a total ASSHOLE. He only lookes for things you do wrong, he doesn't care about what I do right.

Answer 1

What would be the point of checking references if it wasn't legal to receive negative feedback?

They are allowed to provide negative feedback. The hiring employer must document feedback, and you may ask to review if you believe it is false. The provider of the information must be able to back up his/her statements.

Answer 2

It is not illegal for them to give out negative job performance information if it is true and documented (particularly if you give written permission to check references, which is typically built into the application-- that's why they have you sign it!)

If your job was with a corporate chain, it may be against the corporation's policy to give out information other than the standard dates, duties, etc.

If you want to know what he will say, have an adult whose voice your boss wouldn't recognize (like an aunt), call and pretend that they are calling for a reference from a place you are not going to apply, like a local bank (you don't want him to say, "I've already talked to you guys" when a real propective employer calls!) Make sure she uses *67 to hide her number so he doesn't know it's not the bank calling! (Or if your aunt has a job at a place you could have applied and can call from work, all the better!) Have her ask how your work habits were, if you showed up on time, if you can be trusted to handle money, would they re-hire you, etc. More than likely, the most he will say is that he wouldn't hire you back.

Answer 3

I believe that legally when your perspective employer contacts your past or current employer the single question that can be asked is--"Would you rehire this person?" It must be a yes or no answer. This was a few years ago so I don't know if this has since changed. I worked in a big office once a few years ago. I can't recall my boss ever contacting someone previous employer if on the persons application the box marked "Can we contact your previous/current employer?" and it was marked "YES". In my mind, a box marked NO only raises suspision. I wouldn't worry about your boss saying anything ill much about you. Have faith and be confident when you interview! I am sure you will get the job you want! GOod Luck!

Answer 4

You are right they can't say anything negitive about you. Everybody goofs off at their job. One question i do know they ask is :Is he dependable? When you go in for an interview sometimes honesty is the best policy. You can always put down not to contact them. Another question they ask is would you rehire him? That I think they can ask. but as far as the other i don't think they can say that. if you need help on these questions I would ask the labor board if an employer is allowed to say these things.

Answer 5

When a past employer is contacted by a potential employer, the only information they can legally give is your position, your dates of employment, and your salary when you left.

Any other information regarding re-hiring, blacklisting, negative opinions etc, can get them in a whopping lawsuit, with you doing the suing.