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Regardless of whether it's "true", threaten a lawsuit and the company will stop whatever it was doing (negative references).
Believe me, their desire to not have to pay legal fees is stronger than any desire to be "honest" about a former employee (or "get back at them", etc.)
It is not illegal to give a negative job reference. It is perfectly legal to give a bad job reference, as long as it is factual. If you were let go for performance issues, it is not illegal to say that. It is illegal to lie though. If you were let go for performance reasons, and they told a prospective employer you were let go for stealing, that is illegal. Having said all of that, we still live in a very lawsuit friendly environment, and if you are a person's former employer, and you give a person a bad reference, and you cost that person a job, you can still be sued, and most employers do not want to spend their time fighting a lawsuit, even if they win in the end. That's why so many companies now have a policy of only confirming dates of employment and final salary.
Rabrrita posted this days ago and it went unnoticed for some reason. Many states now have laws that make companies immune from liability. Can't file a lawsuit for this!
Hiring companies have sued former employers for not revealing information that would have prevented the company from hiring a person, in cases where the person they hired did some really bad things. So that has become a bigger concern.
Attorneys will not waste their time taking a case that has no merit. In order to prove defamation, you have to have proof that what was said was untrue. You cannot prove that, you won't find a lawyer to take your case. And, remember, in some states, you won't even get that far.
That is only one thing you must prove. If you can prove the statement about you was false, you must then prove the employer making the statement knew it was false. If you cannot prove it, you have no defamation claim. Then you have to prove that the statement was not privileged. Many states accept what is called qualified privilege, which means as long as no malice was intended, the employer making the statement is not liable.
So can someone yell, "I'll sue!" Sure. Idiots looking to make a fast buck do that all the time.
Was the trend what you state - that companies feared lawsuits and would restrict what they said? Yes. And most still limit what they say.
But threatening a lawsuit isn't going to move the needle one iota anymore. In fact, it's only going to be like swatting a hornet's nest.
Rabrrita posted this days ago and it went unnoticed for some reason. Many states now have laws that make companies immune from liability. Can't file a lawsuit for this!
Hiring companies have sued former employers for not revealing information that would have prevented the company from hiring a person, in cases where the person they hired did some really bad things. So that has become a bigger concern.
Attorneys will not waste their time taking a case that has no merit. In order to prove defamation, you have to have proof that what was said was untrue. You cannot prove that, you won't find a lawyer to take your case. And, remember, in some states, you won't even get that far.
That is only one thing you must prove. If you can prove the statement about you was false, you must then prove the employer making the statement knew it was false. If you cannot prove it, you have no defamation claim. Then you have to prove that the statement was not privileged. Many states accept what is called qualified privilege, which means as long as no malice was intended, the employer making the statement is not liable.
So can someone yell, "I'll sue!" Sure. Idiots looking to make a fast buck do that all the time.
Was the trend what you state - that companies feared lawsuits and would restrict what they said? Yes. And most still limit what they say.
But threatening a lawsuit isn't going to move the needle one iota anymore. In fact, it's only going to be like swatting a hornet's nest.
What more needs to be said.
Unfortunately, we will continue to see endless posts and threads about how 'illegal' it is for employers to give bad references, etc. etc. etc.
As I said before, if people want to live in some bubble and ignorance where they are 'protected' from everything in life, more power to them.
It is not illegal to give a negative job reference. It is perfectly legal to give a bad job reference, as long as it is factual. If you were let go for performance issues, it is not illegal to say that. It is illegal to lie though. If you were let go for performance reasons, and they told a prospective employer you were let go for stealing, that is illegal. Having said all of that, we still live in a very lawsuit friendly environment, and if you are a person's former employer, and you give a person a bad reference, and you cost that person a job, you can still be sued, and most employers do not want to spend their time fighting a lawsuit, even if they win in the end. That's why so many companies now have a policy of only confirming dates of employment and final salary.
This right here is why you don't ever say anything about a former employee, even though it's not illegal to do so long as the information is completely factual. There's no upside in giving a thorough reference since it's for another company's benefit (maybe even your competitor), and lots of downside if you get sued or get cease and desist letters sent to your company. I wouldn't even go in to the rehire eligibility as you'd need to have company policy on hand to defend that remark's factual truth. There is no reason to spend thousands of dollars defending something that gains your company nothing.
The only exception I have is for former employees that had good performance and used me as a personal reference, I would definitely talk them up to help them get a new job.
Rabrrita posted this days ago and it went unnoticed for some reason. Many states now have laws that make companies immune from liability. Can't file a lawsuit for this!
Hiring companies have sued former employers for not revealing information that would have prevented the company from hiring a person, in cases where the person they hired did some really bad things. So that has become a bigger concern.
Attorneys will not waste their time taking a case that has no merit. In order to prove defamation, you have to have proof that what was said was untrue. You cannot prove that, you won't find a lawyer to take your case. And, remember, in some states, you won't even get that far.
That is only one thing you must prove. If you can prove the statement about you was false, you must then prove the employer making the statement knew it was false. If you cannot prove it, you have no defamation claim. Then you have to prove that the statement was not privileged. Many states accept what is called qualified privilege, which means as long as no malice was intended, the employer making the statement is not liable.
So can someone yell, "I'll sue!" Sure. Idiots looking to make a fast buck do that all the time.
Was the trend what you state - that companies feared lawsuits and would restrict what they said? Yes. And most still limit what they say.
But threatening a lawsuit isn't going to move the needle one iota anymore. In fact, it's only going to be like swatting a hornet's nest.
Don't confuse people with facts -- it takes away their fire and righteous indignation.
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