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Old 11-05-2010, 01:11 PM
 
10 posts, read 24,943 times
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If so how can I legally determine if this is taking place?

Last edited by Bo; 11-10-2010 at 12:13 PM.. Reason: Moved from Texas forum.
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Old 11-05-2010, 01:14 PM
 
Location: Purgatory (A.K.A. Dallas, Texas)
5,007 posts, read 15,423,702 times
Reputation: 2463
LOL. No. Why on Earth would you even think that?
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Old 11-05-2010, 01:25 PM
 
10 posts, read 24,943 times
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I don't think it's legal, I am looking for some discussion and if anyone has dealt with this experience.
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Old 11-05-2010, 02:14 PM
 
Location: Austin Texas
474 posts, read 905,406 times
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I do not believe it is illegal, but it is risky because the former employee might sue claiming the negative reference was false.

That is why most larger or more mature companies will only say "yes, employee x worked here from date1 to date2" and say nothing, either positive or negative. At my former company where I worked for more than ten years in management, I was strictly prohibited from giving any reference about a former employee. Our HR people would simply verify employment. If a former employee was really good, I was happy to give a personal reference.

If the OP suffered from a negative reference and it is untrue - you might be able to file a compliant. But I don't know who to complain to. It seems unlikely that it will be a productive thing to do unless you have legal help.
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Old 11-05-2010, 02:18 PM
 
Location: Dallas, Texas
687 posts, read 1,578,188 times
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Your question is worded oddly, so I am going to try and guess what you're actually asking. Are you meaning to ask whether it is illegal for a former employer to respond negatively to an inquiry from another company who is looking to hire a former employee of the former employer? In that case, of course its not illegal--potential employers check with past employers all the time in making hiring decisions.
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Old 11-05-2010, 03:23 PM
 
10 posts, read 24,943 times
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Of course they can verify employment but....... is the former employer liable for defamation if they cause the former employee issues with obtaining employment based on their(former employer) negative "comments" regarding that former employee... In the past I verified employment dates but was prohibited from offering negative information regarding the reason for the ending of the employment relationship.
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Old 11-05-2010, 03:26 PM
 
Location: Dallas, Texas
687 posts, read 1,578,188 times
Reputation: 543
There isn't a clear answer to your question. It depends on what was said. It's not impossible that it could rise to that level, I'll put it that way. If I was a former employer, I would just keep my mouth shut unless I was ready and willing to back up my negative comments with some facts.
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Old 11-05-2010, 06:53 PM
 
Location: DFW
40,951 posts, read 49,189,517 times
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The best thing an employer can say is that they would not hire you back. That says everything and keeps them legal.
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Old 11-05-2010, 06:55 PM
 
Location: Kaufman County, Texas
11,855 posts, read 26,876,979 times
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Here's a lengthy article about the issues with reference checking: Legal issues for HR professionals: reference checking/background investigations. | Goliath Business News

Short answer: it is not illegal for an employer to give a TRUTHFUL employment reference. If you left a job on bad terms, it is better to be honest about it in the interview so there are no surprises when the current employer calls for a reference.
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Old 11-05-2010, 07:31 PM
 
611 posts, read 2,234,800 times
Reputation: 2028
if you were a bad employee buck it up and take your medicine......quit trying to blame others for your faults

the time and effort you waste on this BS witch hunt would be better spent finding a job where you can either prove you are worthy of employment or you can be fired again for not being a good employee

wasting the next 5 years of your life trying to prove something false that is probably true is a waste of your time even if you do get the big payoff you are wishing for

just go get a job and quit obsessing over your past
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