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Old 05-09-2010, 01:11 PM
 
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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!!
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Old 05-09-2010, 02:48 PM
 
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I think it's your dates of employment, job title and if you are eligible for rehire or not.
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Old 05-09-2010, 04:28 PM
 
Location: Baltimore
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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.
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Old 05-09-2010, 05:11 PM
 
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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.
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Old 05-09-2010, 05:45 PM
 
418 posts, read 1,207,995 times
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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.
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?
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Old 05-09-2010, 10:04 PM
 
Location: San Jose, CA
48 posts, read 139,574 times
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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.
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Old 05-09-2010, 10:54 PM
 
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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?
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.

Last edited by kodaka; 05-09-2010 at 11:06 PM..
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Old 05-10-2010, 10:09 AM
 
Location: Connecticut
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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.
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Old 05-10-2010, 10:39 AM
 
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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.
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Old 05-10-2010, 10:56 AM
 
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Quote:
Originally Posted by CTGirlNoMore View Post
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.
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