2007-12-01 01:45:11 · 10 answers · asked by Gato 1 in Politics & Government ➔ Law & Ethics
From my understanding, it is not illegal but it is generally regarded as immoral.
When applying for a job, there is usually a way to tell them not to contact your former employer because you left on bad terms or whatever other reason. Most potential employers respect that but will ask why. You should have a good, valid reason why a former employer should not be contacted though.
2007-12-01 01:56:02 · answer #1 · answered by ace_danger 2 · 1⤊ 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.
2007-12-01 04:32:28 · answer #2 · answered by mikearep 2 · 0⤊ 0⤋
Even if it were illegal, there are "ways" to let a potential employer know that the former employee was not ideal. General questions, without slandering the former employee, are permitted. I often wonder why employees expect a good reference letter, but frown if the truth about them is told. Most applications ask for permission to speak to former employers and if denied, they start to reconsider hiring.
2007-12-01 02:06:05 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
This is a depends on where you reside answer. In most instances No would be an accurate answer. It is not illegal to share this information especially if the employer has documented evidence in the form of reviews and disciplinaries. It is up to the employer to share what information they share. Unless of course there is a court order restricting release of information. Those companies who have professional ethics and convictions would require you to sign a consent to release information form.
2007-12-01 01:59:20 · answer #4 · answered by Devontrit Whiteside 2 · 0⤊ 0⤋
It varies by state. In my state, bad references used to give rise to defamation claims. However, the legislature here passed a statute a few years that created a certain amount of immunity for prior employers who give references.
2007-12-01 01:56:10 · answer #5 · answered by Anonymous · 1⤊ 0⤋
A lot of employers get sued for "slandering" a former employee. So, generally, they bank on one question: "Is the former employee eligible for re-hire?" If the answer is "no" you can generally kiss your chances for the new job good-bye. And the former employer hasn't engaged in any "slander" that he has to prove--just stated a mere fact.
2007-12-01 01:57:12 · answer #6 · answered by scottclear 6 · 2⤊ 0⤋
If may be, but in order to SUE a former employer you must PROVE that you sustained a loss from their giving you a bad reference and if you really WERE a lousy employee, the empolyer can probably prove it... so you can't get anything..
Just forget it and get on with your life.
2007-12-01 01:53:33 · answer #7 · answered by Anonymous · 0⤊ 1⤋
the more important question is, how it affects your job search
you can give your guts to an employer, and they can say what they want
so how do you get your next job with this happening?
2007-12-01 01:49:15 · answer #8 · answered by ceviche queen 4 · 1⤊ 0⤋
i heard one time that they can't say anything that is totally to get you so you can't get a job. but that was from a friend of mine and not a real source. you can always check with an employment attorney.
2007-12-01 01:55:20 · answer #9 · answered by Anonymous · 0⤊ 1⤋
It's not illegal but you can sure get you sued. If you have nothing nice to say than say nothing at all. They will get the message.
2007-12-01 01:54:10 · answer #10 · answered by Anonymous · 0⤊ 1⤋