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Old 05-10-2010, 11:00 AM
 
Location: SW Missouri
15,847 posts, read 30,349,542 times
Reputation: 22356

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Quote:
Originally Posted by FarNorthDallas View Post
I think it's your dates of employment, job title and if you are eligible for rehire or not.
I think this is correct. Of course, that does not stop potential employers from breaking the law daily - with impunity.

Whenever I am checking a job reference, I always say....."That is all I am allowed to ask by law, is there anything you would like to tell me voluntarily"?

Of course, in large companies that only have an HR file to go by, and who did not know the employee personally, they will not have any additional information to provide. However, if you are calling a very small company often the person you are talking to will be more than happy to provide a wealth of other information "off the record". LOL

20yrsinBranson
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Old 05-10-2010, 11:27 AM
 
Location: Connecticut
2,727 posts, read 5,365,348 times
Reputation: 1979
Quote:
Originally Posted by annerk View Post
Employers can legally answer ANYTHING about you, as long as they answer truthfully. That includes telling a perspective employer that you were written up for insubordination, caught stealing cases of copy paper, or called out sick 15 times in three months. If it was all true, they can say it.
This is what I meant to put with my other post. They CAN answer other questions, as long as it's truthful.
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Old 05-10-2010, 11:41 AM
 
4,919 posts, read 19,850,813 times
Reputation: 6215
Our company does not even have HR answer questions, it's all submitted to a third party employment verfication company that handles these request. Even if they could answer, they can't because they don't have any information beyond what the company provided. If we get a call from an employer looking for information, they all get refered to that verification service. That verification service has ways to verify the identity of the employer requesting info. They don't give out info just because someone claims they are an employer looking for information, that's for the employees protection as well.
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Old 05-10-2010, 11:51 AM
 
Location: NJ
17,579 posts, read 39,754,055 times
Reputation: 16146
Found this:

Is My Former Employer Limited in What They Say in My Job Reference?

It is not uncommon when applying for a new job that your new employer may contact your former employer for a reference. Depending on the circumstances under which you left your former job, this is not necessarily a good thing. You may be afraid of what your former employer may say about you and how it will impact on your potential for getting this new job. Fortunately you have some protections for what your former employer may say about you in a reference to a prospective new employer. For one thing, your new employer may not ask for personal information about you that is not job-related, and your former employer may not give any of that same information. Personal information can include anything about race, religion, ethnic origin, age, disability status, marital status, sexual orientation, or parenting responsibilities. A former employer also cannot lie or make defamatory statements about you in order to deter your current employer from giving you the job. That means that all the information given by the former employer should not only be job-related, it must also accurately represent your work for the former employer.

What Can a Former Employer Legally Put on My Job Reference that Could be Potentially Damaging to My Chances of Getting the New Job?
Your former employer is allowed to put any truthful information about your work performance at your previous job, whether it is positive or negative. Your former employer can also refuse to answer any questions asked by your new employer on the job reference form. This can be damaging when compared with a reference by another job candidate in which the former employer gave positive answers to those questions neglected by your former employer. One of the most important things is that however a former employer chooses to answer your job reference, it must be in accordance with a fairly uniform policy used with all other former employee job references. An employer should only refuse to answer certain questions related to an employee recommendation if the employer never answers those same questions on any job recommendation form.

What Should I Do If I Feel My Former Employer Has Cost Me a New Potential Job by Answering a Job Reference Form in an Unfair Manner?
You may want to contact an employment law attorney. Your attorney can advise you of your rights and let you know if you may be entitled to collect compensation in a lawsuit against your former employer.
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Old 07-23-2010, 04:26 PM
 
3,721 posts, read 3,918,333 times
Reputation: 3366
Quote:
Originally Posted by kodaka View Post
There's a company that will do this for you, called Allison & Taylor. Its been mentioned on this forum a few times. They have several services you can purchase, and they will send you a report with their findings.

Unless you have a friend who typically does reference & background checks, I wouldn't attempt to do something like this yourself. You won't know the questions to ask, the proper wording, and you'll probably be nervous enough to give yourself away. And even if you don't, you probably ask the right questions to know for certain what they will or will not reveal to a real potential employer. If you are concerned about something in your past, I think its a worthwhile investment to hire a professional.

I know someone that used Allison & Taylor and they were very pleased with the service.
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Old 07-25-2010, 02:53 AM
 
216 posts, read 612,076 times
Reputation: 179
They can verify that you worked there, the dates of your employment, they can verify your earning history, your title at work and whether or not your eligible to be rehired. That is the policy of most companies. I conduct reference checks often on potential employees. Sometimes, former employers will tell me more about a former employee, but only if it's positive feedback.
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Old 07-25-2010, 09:26 AM
 
Location: Houston, TX
2,375 posts, read 5,369,150 times
Reputation: 6222
Quote:
Originally Posted by kodaka View Post
There's a company that will do this for you, called Allison & Taylor. Its been mentioned on this forum a few times. They have several services you can purchase, and they will send you a report with their findings.

Unless you have a friend who typically does reference & background checks, I wouldn't attempt to do something like this yourself. You won't know the questions to ask, the proper wording, and you'll probably be nervous enough to give yourself away. And even if you don't, you probably ask the right questions to know for certain what they will or will not reveal to a real potential employer. If you are concerned about something in your past, I think its a worthwhile investment to hire a professional.
Minnesota has a law about it. As long as it's truthful information the followoing can be disclosed:

1. dates of employment
2. compensation and wage history
3. job description and duties
4. training and education
5. acts of violence, theft, harassment, or illegal conduct, if documented in the personnel record
*disclosure under clause 5 must be in writing with a copy sent by regular mail to the employees' last known address.
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Old 07-25-2010, 09:39 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 58,375,697 times
Reputation: 26526
This thread has really run its course and what's troubling is that posters are still coming up with misinformation about what a prospective employer can and cannot ask and what a former employer can tell. The bottom line is that any negative can be relayed as long as it's documented and verifiable. The salient posts are as follows:

Quote:
Originally Posted by annerk View Post
Employers can legally answer ANYTHING about you, as long as they answer truthfully. That includes telling a perspective (sic, you meant prospective) employer that you were written up for insubordination, caught stealing cases of copy paper, or called out sick 15 times in three months. If it was all true, they can say it.
Quote:
Originally Posted by kodaka View Post
Its a huge misconception. I think a lot of it comes from employers themselves saying they 'can't' answer certain questions. Workers assume they 'can't' because its illegal, when really they just mean they 'can't' because company policy or their legal counsel prohibit it.
Quote:
Originally Posted by manderly6 View Post
Found this:

Is My Former Employer Limited in What They Say in My Job Reference?

For one thing, your new employer may not ask for personal information about you that is not job-related, and your former employer may not give any of that same information. Personal information can include anything about race, religion, ethnic origin, age, disability status, marital status, sexual orientation, or parenting responsibilities. A former employer also cannot lie or make defamatory statements about you in order to deter your current employer from giving you the job. That means that all the information given by the former employer should not only be job-related, it must also accurately represent your work for the former employer.

What Can a Former Employer Legally Put on My Job Reference that Could be Potentially Damaging to My Chances of Getting the New Job?
Your former employer is allowed to put any truthful information about your work performance at your previous job, whether it is positive or negative.
It really is that simple. Cheers!
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Old 01-09-2013, 11:04 AM
 
1 posts, read 16,731 times
Reputation: 10
could i ask one quick question is it the law to give information that a person worked there only if asked.

thank you.
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Old 05-06-2013, 01:46 PM
 
1 posts, read 15,399 times
Reputation: 11
Minnesota state Statute
181.967 EMPLOYMENT REFERENCES.
Subd. 3.Employment reference information disclosure by private employers. (a) Subdivision 2 applies to the disclosure of the following information by a private employer in response to a request for the information:
(1) dates of employment;
(2) compensation and wage history;
(3) job description and duties;
(4) training and education provided by the employer; and
(5) acts of violence, theft, harassment, or illegal conduct documented in the personnel record that resulted in disciplinary action or resignation and the employee's written response, if any, contained in the employee's personnel record.
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