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.
I know when I potenial employer calls a previous employer there are only certain questions they can ask. Could someone please tell me what they are? Thank you!!
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.
A potential employer can ask anything they like. Doesn't mean they'll get an answer.
As janetvj says, employers can answer anything that is truthful or that they believe to be truthful. But most will limit themselves to title, salary, and dates of employment, to protect themselves from lawsuits.
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.
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?
To the best of my knowledge, no states currently have any actual legal restrictions on what can be communicated during an employer reference check. As noted above, the bigger firms do tend to have their own policies as a safeguard against possible litigation. But employers at smaller companies are usually far more open.
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?
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.
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.
Interesting as I was wondering this myself. Both my father and uncle said they can only answer if you in fact worked there, and the dates you did.
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.
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.
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.
