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Can someone tell me is it possible that a Employer can put up a flag so that you can't get a job?? I know Employers do backgound checks. They are mostly, credit, criminal, civil. How do you find out the information that previous employers are telling other employers about YOU?
I have heard that criminals get jobs! People who have not done any crime, but were "Fired" and unable to receive unemployment compansation, are having a hard time getting employed.
Is there any way to get around something like this? Please let me hear back from people who are Human Resources and/or people that have the knowledge about this.
"How do you find out the information that previous employers are telling other employers about YOU?"
Very simple call, if it was a large company you could call yourself, If it was a small company where everyone knew each other and they would know your voice have a friend call.
Say you are calling from "XYZ" Company and your "name here" has listed "ABC" company as a previous employer and are looking for a reference
Supposedly they are only allowed to give the date you started, the date you left and if you are eligible for rehire.
If you left the previous job on bad terms you might want to make sure that if someone in the office has a "grudge" against you they aren't using personal feelings against you.
If this is the reason you are not able to find a new job you might want to check the laws in your city or state, you may have a recourse.
"People who have not done any crime, but were "Fired" and unable to receive unemployment compansation, are having a hard time getting employed."
This would depend on why they were fired.
If they were fired because they never came to work or didn't work once they were there this would make then unable for rehire, that would be a flag for new employers.
I've worked with Human Resources in hiring and here is what happens:
Your new employer may verify that you were employed at your former employer. They may not ask if you were fired. They may only verify the dates you were hired to the time you no longer worked there. Your prior employer may not say why you left, even if it was you who gave two weeks notice or were shown the door abruptly.
Obviously HR reps gossip and if they know the person calling, they may tell each other the truth or details, but it's illegal to do so.
I broke the law myself in that way when former employees I knew the history of from a prior employer applied where I worked. In those cases, I had fired two of them for attendance issues and I told the recruiter...forget it, they will say anything to get the job, then we'll have to go through the whole corrective action process to get rid of them later when they flake. In my case then, I was trying to spare the company employing people I knew would cause problems. We didn't go forward with their applications. However, legally, all we could ask the former employer is the info. I gave above. That's it. That's why HR didn't know the facts I told them even though they were in the processing of interviewing them.
Another thing that's allowed is: Are they eligible for rehire?
That can be very subjective and the prospective employer can take the yes or no answer as they wish.
Also, meowkat...try to make sure the prospective employer talks to Human Resources, not a former supervisor or other person where you actually worked if possible.
Another thing that's allowed is: Are they eligible for rehire?
That can be very subjective and the prospective employer can take the yes or no answer as they wish.
Also, meowkat...try to make sure the prospective employer talks to Human Resources, not a former supervisor or other person where you actually worked if possible.
You're right, "Are they eligible for rehire" is another legal valid question. I got calls frequently from new employers who called me directly about someone who had used my name as a former manager. I would always direct them to HR, including those who used me as a reference and the reason was that I was warned by HR never to even offer good references to a former employee as if they pulled some stunt later or something went wrong, as a representative of the company, my reference could implicate the company, not only myself, if a lawsuit were to be filed. I did it anyway for good former employees.
You're right, "Are they eligible for rehire" is another legal valid question. I got calls frequently from new employers who called me directly about someone who had used my name as a former manager. I would always direct them to HR, including those who used me as a reference and the reason was that I was warned by HR never to even offer good references to a former employee as if they pulled some stunt later or something went wrong, as a representative of the company, my reference could implicate the company, not only myself, if a lawsuit were to be filed. I did it anyway for good former employees.
That HR stuff is very tricky...and I worked in a government office where almost everybody who ever worked there wanted to sue for something! I actually had a discrimination suit against me once because after my boss and I looked over the applications, he told me not to bother interviewing this one guy because he had none of the skills we really needed. So I interviewed the other selections only. However, because this dude had suddenly and recently gotten official papers that he was part American Indian, I "discriminated" based on his race/ethnicity/national orgin. Guess what? I lost.
That HR stuff is very tricky...and I worked in a government office where almost everybody who ever worked there wanted to sue for something! I actually had a discrimination suit against me once because after my boss and I looked over the applications, he told me not to bother interviewing this one guy because he had none of the skills we really needed. So I interviewed the other selections only. However, because this dude had suddenly and recently gotten official papers that he was part American Indian, I "discriminated" based on his race/ethnicity/national orgin. Guess what? I lost.
I find it hard to believe a discrimination lawsuit would carry if he didn't have the qualifications. The only way I could see it going through is if he did have qualifications and your boss simply told you to ignore that one and you never saw the application.
I had lots of minority applicants I rejected. One guy was sitting in the chair slumped back like we were in a sports bar, not well-spoken, and then he got a cell phone call in the middle of the interview and proceeded to chat with his girlfriend about dinner later and "Yeah, this about wrapped up here, meet me in front in 10 minutes". I just said actually, we're done. Thank you for your time and escorted him out. I wouldn't have hired him if he had qualifications that outshone every other applicant.
As for the discrimination lawsuit by the certified "American Indian" , I guess your culpability would simply be having not looked over his application, is that right? Because if you look over an application and it doesn't have what you're looking for, then you discard it. If it has something, you have phone screeners who decide whether to take it further.
There must have been something to this application that made his lawsuit successful. And if it wasn't clear what that was, you could have appealed and gotten legal representation paid for by the company to back you up I'd think.
I did everything I was supposed to do except interview him and I did review his application and wondered why he even applied. I think the bottom line was all the higher directors and HR were scared out of their wits and just caved. He had no business even submitting his ethnic stuff, but did, with copies of his new status as a minority, ID card, etc. They finally decided that the job description didn't specify ALL the skills necessary for the position and he otherwise could have minimally qualified. Actually, if I'd gone on and taken 10 minutes to interview him, it would never have gone anywhere. Our mistake was in not interviewing him. I think they ended up paying the difference in what he was currently making and the increase he would have gotten with the job in my office for a year. I think he shot himself in the foot though because he never got a transfer or promotion from where he was and finally left.
states in the employee manual that in reponse to outside inquiries for employment verifications the company will only give the dates of employment and the title. Our manager says that while he will give some employees a letter of reference if they need one, for certain problem employees he will not, although the company will not say anything during the verification. however our manager says that although the company will not verbally say anything negative, lack of a reference letter "speaks volumes about what kind of worker they were!"
states in the employee manual that in reponse to outside inquiries for employment verifications the company will only give the dates of employment and the title. Our manager says that while he will give some employees a letter of reference if they need one, for certain problem employees he will not, although the company will not say anything during the verification. however our manager says that although the company will not verbally say anything negative, lack of a reference letter "speaks volumes about what kind of worker they were!"
rirl - there is a lot uncertainty in what your manager thinks. For example, at the wells fargo bank, they don't give references. On top of that, they make the potential employer pay 99 cents a minute or something like that to have a subcontracter tell them whether the ex-employee worked there, dates of employment, period. No reference letter.
So, after having quizzical looks from employers, after I told them that WFB does not give references and that it would cost them...I Stopped!
I then started giving out my manager's personal work number, then they got to speak to real WFB person, and then he could tell the potetial employer the WFB rules, and that way I didn't have to face that hump of explaining.
In the many years i have done this, it has worked.
However, it is sad, because I have a sister who is a nurse, and the employer would not consider her application without a work-reference. So, if large corps won't give out personal references, then the way around it, is to have a small employer on your resume...
just a thought
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I actually had a discrimination suit against me once because after my boss and I looked over the applications, he told me not to bother interviewing this one guy because he had none of the skills we really needed. So I interviewed the other selections only. However, because this dude had suddenly and recently gotten official papers that he was part American Indian, I "discriminated" based on his race/ethnicity/national orgin. Guess what? I lost.
My employer
