Is it leagl for a previous employer to give details regarding your employment?

Question

My freind recently found out his previous employer was telling new perspective employers he was a terrible employee because they parted on bad terms. He even has a tape of the prior employer telling a perspective employer how he was a terrible employee. Tis went on for over 30 minutes. Is it legal for the previous employer to discuss this and can he leave this employer off his work history so he can get a job?

Answer 1

unfortiutilly yes it is.

Answer 2

A previous employer may give out truthful information about a former employee provided that employee has signed a release authorization statement for background checking. If the information being given out is not truthful then the former employer can be in trouble for slander and liable. If I were your friend I would either call the HR department up from that company and tell them what is going on, contact the owners and tell them what is going on or send a letter to the person informing them that your friend is aware that he/she is giving out false information about them that is causing them to not be able to obtain new employment. Tell them that unless they want to be sued for liable he will cease and desist the false information.

If information being give out is not true then if all else fails check with your local office of the E.E.O.C. and file a complaint against him. (Free to file)

Answer 3

It is illegal for the previous employer to give out any information without signed authorization from employee. All he can say is if he would consider that person a candidate for rehire or not. So like your other answers......call EEOC, and possibly an attorney....since he has this on tape...might be proof that he needs to win a lawsuit for defamation of character, plus loss of wages, interests, ect.

Answer 4

Write a polite but firm letter back that you did not pass on customer details. When the customers in question realized that your old employer was illegally employing an unlicensed electrician, they chose on their own to seek a new arrangement that was not illegal. That arrangement happens to be with your new employer, but you did not pursue the clients nor did you supply their names to your new employer. If your previous employer wishes to continue providing illegal services to the customers, the customers are free to choose that path, and you will not interfere with their contract. That last bit is a subtle threat. Interference with contract is a tort. That means that if they get in the way of your contract with someone, they can be sued.

Answer 5

No, that is illegal. They can say you were an employee there but cannot discuss your performance. I recently found this out myself -- I was looking for a new job and put an old manager as a reference, but she was not allowed by the company to say anything, not even good stuff! Your friend should hold that person accountable for what they've said.

Answer 6

My understanding is that an employer can not give personal information. They can only state facts.

Example

How long did they work there - 3 years
What was the person's job - CSR manager
Would you hire them again. - No

I would talk to an attorney.

Answer 7

I don't knowif it is illegal, but he is giving the wrong info, he could be in deep trouble.

All I ever did was veriify dates of employment,
wage or salary, job description, period.

A new or prospective employer should be able to see through this.

Answer 8

It is legal if your freind provided the previous employers name. Next time leave that portion out.

Answer 9

He should hire an attorney and quick.

They are not allowed to give out that information. Due to lawsuits the most they will do is confirm the dates you worked there, salary and the date you left.

Answer 10

The prevous employer shouldn't be able to disclose that info, unless asked.

Answer 11

yes it is if someone asks them