Michigan law states that a former employer cannot give any information to a perspective employer that could prevent someone from receiving employment. If that is the case, how can a company force an applicant to sign a waiver (to even be eligible for consideration) stating that they grant past employers the right to state positive and/or negative information (whatever it may be) and waive any rights to take legal action in the case of defamation of character or other damages due to refusal of employment based on that information?
If it’s against the law to prevent someone from obtaining a job and stating negative information, there is no way that it should be legal for a company to force applicants to sign a waiver to even be considered. In my case, I had a past employer that harassed me and provided false information about me while being employed (which I proved.) I’m worried that this person is continuing with it since I still haven’t found a job and have NEVER had any issues receiving employment before. My experience is outstanding and I’ve never heard anything negative from other past employers about my performance or personality.
Is there ANYTHING that I can do about this?
2007-03-21 16:31:17 · 6 answers · asked by me 2 in Politics & Government ➔ Law & Ethics
Michelle, as an attorney practicing here in Michigan, I can tell you that you're *sorta* confused on your employment law! =D It's not that a former employer CAN'T give negative feedback on you, it's that they must base their claims on something substantive.
Remember, as a business owner, they want to hire competent/honest employees. It's a bit of a professional courtesy from one business owner to the other on what type of employee you (generally speaking, not you personally) are/were.
The legal language about waiving any defamation claim is simply that--a legal disclaimer. But remember, this disclaimer doesn't give the business a ticket to bad mouth you for no legitimate reason.
The problem for me (or anyone answering your question) is that there's not much of another side to your story. I believe you that you had a fine work performance and personality, but does your former employer? You may not believe that you did/said anything that warrants negative responses, but that doesn't mean that your employer didn't take issue with your performance/personality.
In closing, if you truly believe that your former employer is unjustifiably defaming you--seek an attorney in your area that handles employment law. But my thoughts (solely based on your fact pattern listed) is to simply refrain from using this past employer as a reference.
I wish you the best in your career!
2007-03-21 16:47:53 · answer #1 · answered by michiganlawyer 2 · 0⤊ 0⤋
You can't do anything about having to sign the waiver, you could try listing another contact for your former company, anyone above you would be sufficient, or don't list them at all if you didn't work there long.
2007-03-21 23:36:42 · answer #2 · answered by Brian L 2 · 1⤊ 0⤋
They are not forcing you to sign it. They are making it a requirement of employment. If you want the job, you'll sign it.. If you don't sign it, you don't get the job. The choice is yours to make.
Perfectly legal......
2007-03-21 23:40:08 · answer #3 · answered by Anonymous · 1⤊ 0⤋
There is nothing U can do about it but when you use them as a reference state you left on bad terms or it was personall
2007-03-21 23:40:25 · answer #4 · answered by sugarbdp1 6 · 1⤊ 0⤋
Yes, always list references from that company. If there is anybody you can trust that worked there, list them so they can give insider perspective on your side of the story.
2007-03-21 23:34:51 · answer #5 · answered by ☺☻☺☻☺☻ 6 · 0⤊ 1⤋
There was a WW2 book written about the same thing. It was called "Catch22"
That's what you face.
2007-03-21 23:45:05 · answer #6 · answered by Sgt 524 5 · 0⤊ 0⤋