The former employer has made derogatory and false claims regarding work habits from 4 yrs. ago about a friend of mine who was 16 at the time. she now works somewhere else ( they told her about the former employer's comments about her). I thought it was illegal to divulge any opinion about a former employee good or bad.
2007-06-19 13:16:52 · 7 answers · asked by stacey t 2 in Business & Finance ➔ Corporations
No it isn't illegal to divulge info about a former employee, good or bad. Many companies have policies not to give any info beyond dates of employment, just to avoid hassles. But they can if they want to.
If someone lied about a former employee, they could be subject to a civil suit by that employee.
2007-06-19 13:22:56 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Many employers these days follow a neutral reference policy out of fear of lawsuits. The law isn't necessarily in sync. Generally, of course, depending on your state, there is a conditional privilege for employers (for defamation - like slander) that allows employers to give negative references, but it has to be in good faith. Pretty much, if the employer can support what it says about you, then you won't succeed in a lawsuit. The reasoning behind this is that other prospective employers have an interest in knowing about bad employees.
2016-05-20 01:24:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Its not illegsal to divulge an opinion, but its dangerous and here's why. You friend can sue the former employer for slander and/or lible and seek a civil penalty. I'd proceed right down to small claims and bring your new boss and sue the former employer.
2007-06-19 13:23:02 · answer #3 · answered by Dan 3 · 0⤊ 0⤋
1. No, it's not illegal to "divulge" an opinion when it's true. In this case "the truth is a perfect defense".
2. Whether it's true or not would be a question of fact for a judge/jury to decide in a civil trial for slander.
3. Let your friend handle his/her own deal.
2007-06-19 13:30:47 · answer #4 · answered by Oh Boy! 5 · 0⤊ 0⤋
Call their human resources department and let them know that you are aware that someone is bad mouthing you and they usually take care of it. You can also hire companies that will call and get a reference and tape the conversation and make a transcript. They will then notify the company and send a cease and desist letter for about $100.
It's not illegal for them to tell the truth and say that you were not punctual or that you always called in absent but it is illegal to defame and slander you if it's untrue. It's a very fine line.
2007-06-19 13:26:31 · answer #5 · answered by lisa m 6 · 0⤊ 0⤋
Not illegal, but most large companies won't discuss details for fear of getting sued.
If she is still working then might not have much of a lawsuit.
2007-06-19 13:21:27 · answer #6 · answered by Sam 2 · 1⤊ 0⤋
Maybe the labor board. Yes it is illegal. The proper question to ask for reference would be: "would you rehire __________?.
2007-06-19 13:29:34 · answer #7 · answered by heavenlyscentblessings 2 · 0⤊ 0⤋