U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Job Search
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 05-06-2013, 11:19 PM
 
9,255 posts, read 11,806,344 times
Reputation: 14509

Advertisements

Quote:
Originally Posted by Dannyboy773 View Post
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.
That has nothing to do with what an employer can disclose. It has to do with what is required for a current or former employee to bring action against an employer. Here is the first part that details what the selected portion you quoted is talking about:

No action may be maintained against an employer by an employee or former employee for the disclosure of information listed in subdivisions 3 to 5 about the employee to a prospective employer or employment agency as provided under this section, unless the employee or former employee demonstrates by clear and convincing evidence that:
(1) the information was false and defamatory; and
(2) the employer knew or should have known the information was false and acted with malicious intent to injure the current or former employee.

I have no probem with providing written information to support a position, just make sure its complete and not edited to produce a conclusion.
Reply With Quote Quick reply to this message

 
Old 05-07-2013, 06:28 AM
 
7,422 posts, read 13,708,350 times
Reputation: 4944
thank you for the context, rabrrita! people seem to get so confused about this. the points that stt resident quoted back in 2010 sum things up very well. the only thing stopping employers from asking or saying whatever truthful things they want (barring personal questions about protected statuses like race, religion, disability, etc) in a reference check is company policy, not law.
Reply With Quote Quick reply to this message
 
Old 05-07-2013, 06:42 AM
 
7,422 posts, read 13,708,350 times
Reputation: 4944
Quote:
Originally Posted by neil gibson View Post
could i ask one quick question is it the law to give information that a person worked there only if asked.

thank you.
also, this is an old question so there may not be a point in answering it, but there's no law against telling someone that someone worked for you without being asked. i'm not sure how the situation would come up unless the hiring manager and the former employer know each other, but there's nothing stopping anyone from doing it.
Reply With Quote Quick reply to this message
 
Old 05-07-2013, 01:58 PM
 
2,618 posts, read 5,462,136 times
Reputation: 2104
Quote:
Originally Posted by janetvj View Post
You can ask anything. There is no law that I'm aware of that makes it illegal to ask. And as far as answers - again - no law that I'm aware of that prohibits an answer to any question AS LONG AS IT'S TRUE.

However, in order to avoid litigation, many employers have policies in place that only allow answers to certain questions. It costs money to defend legal actions for slander or libel even if those allegations are unfounded. Many employers simply refuse to provide any negative information in order to avoid that possibility.
I work in background screening and am FCRA Certified.

Employers can ask anything, except they can't ask about health history. Example: they can't ask if you were excessively absent or tardy because if it was health related they aren't legally able to use that against you. We pose the question as "Did the applicant have excessive UNEXCUSED absences/tardiness".

The other point to note is that although many companies have policies in place NOT to answer those questions, more and more companies are being sued by employers for NOT disclosing important information. Example: Employee is fired from Company A for office theft and is fired. Company B asks Company A about what kind of employee they were and Company A refuses to comment. Company B hires Employee and employee steals from Company B causing loss in assets/funds/money. Company B can sue Company A if it can prove that the Employee stole from Company A and didn't give warning to Company B.

It's happening this way more and more. Companies keeping their mouths shut are putting themselves just as much at risk, if not more. They can say anything about the employee as long as it is TRUE.
Reply With Quote Quick reply to this message
 
Old 05-07-2013, 05:59 PM
 
9,778 posts, read 16,966,691 times
Reputation: 18394
They can ask anything they want and a previous employere is allowed to truthfully answer any question asked. To avoid litigation and whatever, most employers have a policy of only confirming dates of employment (and maybe a little more).
Reply With Quote Quick reply to this message
 
Old 05-07-2013, 11:10 PM
 
9,255 posts, read 11,806,344 times
Reputation: 14509
Quote:
Originally Posted by cdubs3201 View Post
The other point to note is that although many companies have policies in place NOT to answer those questions, more and more companies are being sued by employers for NOT disclosing important information. Example: Employee is fired from Company A for office theft and is fired. Company B asks Company A about what kind of employee they were and Company A refuses to comment. Company B hires Employee and employee steals from Company B causing loss in assets/funds/money. Company B can sue Company A if it can prove that the Employee stole from Company A and didn't give warning to Company B.

It's happening this way more and more. Companies keeping their mouths shut are putting themselves just as much at risk, if not more. They can say anything about the employee as long as it is TRUE.
Actually, if they limit their comments to only the specific of employment such as dates, position, etc., but nothing about the employees conduct, the U.S. Court of Appeals in Kadlec Medical Center v. Lakeview Anesthesia ruled that only giving limited information does not expose the former employer to liability. They founds that it was not providing false information to leave out any negative item so long as you were also leaving out any positive information. Basically if you are neutral and only disclose the employment factors and not the person, you canít be held liable for any conduct.

It was the Randi v. MUROC School District ruling that set the precedent that if you decide to provide positive information about the employee, you better also disclose the bad as well or you can be held liable.
Reply With Quote Quick reply to this message
 
Old 05-16-2013, 05:31 PM
 
1 posts, read 1,181 times
Reputation: 10
I was almost hired by another employer but the company I work for told them I was a laborer when really my job duties are driving a truck the company I tried get get a job with turned me down
Reply With Quote Quick reply to this message
 
Old 05-16-2013, 06:01 PM
 
7,422 posts, read 13,708,350 times
Reputation: 4944
if your former employer lied about you (and you can prove it), you can sue them.
Reply With Quote Quick reply to this message
 
Old 05-16-2013, 07:46 PM
 
Location: East of Seattle since 1992, originally from SF Bay Area
29,762 posts, read 54,390,602 times
Reputation: 31058
Quote:
Originally Posted by cdubs3201 View Post
I work in background screening and am FCRA Certified.

Employers can ask anything, except they can't ask about health history. Example: they can't ask if you were excessively absent or tardy because if it was health related they aren't legally able to use that against you. We pose the question as "Did the applicant have excessive UNEXCUSED absences/tardiness".

The other point to note is that although many companies have policies in place NOT to answer those questions, more and more companies are being sued by employers for NOT disclosing important information. Example: Employee is fired from Company A for office theft and is fired. Company B asks Company A about what kind of employee they were and Company A refuses to comment. Company B hires Employee and employee steals from Company B causing loss in assets/funds/money. Company B can sue Company A if it can prove that the Employee stole from Company A and didn't give warning to Company B.

It's happening this way more and more. Companies keeping their mouths shut are putting themselves just as much at risk, if not more. They can say anything about the employee as long as it is TRUE.
That's why all verification calls go to HR where we have specialists to handle it. When I had my own business, I would tell the truth. In most cases they will ask "would you hire this person again" and if you just answer "no comment" they get the message.
Reply With Quote Quick reply to this message
 
Old 05-16-2013, 07:58 PM
 
2,839 posts, read 4,987,260 times
Reputation: 3702
Quote:
Originally Posted by Boxerlady View Post
So what would be the best way to find out if a previous employer is saying untrue things about you? Would I just call and pretend to be an employer and record it?
I did this. One of my last jobs, the boss told me I could use her as a reference. I did, and wasn't getting any jobs.

I had a friend who used to work in HR and do reference checks call and ask questions, and she was very innapropriate, not to mention she went against company policy, which was to direct them to HR, who would only supply start date, end date, salary, and eligible for rehire. AND this was all done in writing. Nothing is given out over the phone.

My friend called HR after my boss did all that and scared the crap out of them lol. She said it was all very unprofessional and that the boss said things that were untrue, and all sorts of stuff. Needless to say my friends at the company said that an email was sent to the whole company (that is multiple thousands of people) telling them to not violate company policy and all references MUST go through HR. I never found if my boss got reprimanded BUT after that I was able to find a job within a few weeks.

I wrote out a list of things I wanted my friend to ask btw.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Job Search
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top