2007-09-20 02:54:22 · 14 answers · asked by jon j 1 in Politics & Government ➔ Law & Ethics
What you really are asking can you sue under a tort say like slander, intentional tort etc
Can past employer properly documented the incidents, if they can not probably document the incidents to support the bad reference then they may be exposed to a civil tort law suit
2007-09-20 03:12:38 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
Bad, no. But the potential employer can ask some question that don't open the former employer up for a lawsuit. Such as would you hire him/her again? Did he/her give notice? etc... so the former employer can't say he/she is a dirt bag but they can say yes/no and let the potential employer get some information. That is why the potential employer should ask if references are available and if not why, that is your time to explain that personal problems or intolerance existed in the past or something of that nature.
2007-09-20 03:02:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, in most cases its legal, but probably unwise.
If an employer gives out anything except for documented fact and it causes a past employee to not get a job and/or suffer economic loss, the past employer *may* be liable for damages from a slander or libel suit. Most employers, on the advice of counsel, will generally only advise a reference check of the dates of employment, and with the specific release of the employee, may also indicate a salary history and whether the employee is eligible for re-hire if they want to return to the company.
The laws governing this and the protection for employers and employees vary from state to state, so you should probably contact an attorney licensed in your state for more specific information. For a referral, contact your local or state bar association.
2007-09-20 03:00:47 · answer #3 · answered by Phil R 5 · 0⤊ 0⤋
I hope not, because my current employer would probably give me one. I think that saying anything bad would open them up to lawsuits. They probably just give out the dates of employment, and that is if you've been a bad employee like me...
2007-09-20 03:01:41 · answer #4 · answered by John 2 · 0⤊ 1⤋
Yes, but they can be sued for a 'negative' reference.
However its universally the case that most will only give dates & titles ..and not a 'good or bad' reference.
Exception: when you have a personal releationship with the former employer (person)..
2007-09-20 02:59:20 · answer #5 · answered by pcreamer2000 5 · 0⤊ 1⤋
Yes it is completely legal. However it should have merit and be only related to working habbits and performance. Generally they are very standard questions about time off and attitude.
2007-09-20 03:01:05 · answer #6 · answered by timmie00 2 · 0⤊ 0⤋
Yep.
Although most will just confirm dates employed in lieu of a bad reference. That kind of speaks for itself.
2007-09-20 02:57:24 · answer #7 · answered by Chief BaggageSmasher 7 · 1⤊ 0⤋
In the US, past employers are only allowed to verify employment and dates of employment. Anything else opens them up to lawsuits.
2007-09-20 02:58:17 · answer #8 · answered by Ice 6 · 1⤊ 2⤋
ahhh yes. It just means that it was bad reference
2007-09-20 02:57:54 · answer #9 · answered by Con4Life 3 · 0⤊ 0⤋
Technically yes, but they will normally just not give one if you've been bad.
2007-09-20 02:59:09 · answer #10 · answered by peaco1000 5 · 0⤊ 0⤋