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It doesn't matter. A smart (keyword: ) employer doesn't want to waste time and resources on legal issues, even if there's a high probability they'll prevail.
In thirty years I have seen MANY threats of a lawsuit over such issues. I’ve never seen a suit actually happen. What lawyer would take such a case?
Even if they are being truthful or partially truthful most businesses will decide they don't want to fight over something that at the end of the day has no benefit to them. The business doesn't benefit by trashing a former employee and they simply accrue liability for nothing. Therefore if they are smart they will just give titles and dates of employment.
Tell us about the “fight” or the accrued liability that you have experienced in these situations.
I usually vet my references. I would never choose to list someone who I either don't trust, who did not agree to being a reference for me. I would start there and maybe do as others have suggested to find someone who can call them up and see what info they are providing.
As far as HR departments go, the companies I have worked at only provide info on employment dates and whether you are re-hireable (i.e. left on good terms). HR doesn't even know who I am outside of my employee ID and whatever is in my permanent record. Maybe this is different at smaller companies, where everyone knows everyone.
Would there be a reason why you have been blacklisted that you know of?
Blacklisting someone over petty issues that can be ironed out through self-improvement is egregious. If you're going to attempt to blacklist someone who was fired for being late a few times, or who made one too many mistakes, there is seriously something sadistically wrong with you, and you probably need to see a therapist.
Blacklisting someone for embezzling funds or brandishing a weapon at the office or threatening another employee is justifiable. Obviously, those people are a threat to the rest of your workforce. And they probably need to seek out mental health.
Just remember that these people are trying to make a living so they aren't welfare leeches. If you want to pay for them to sit around at home because they can't get hired anywhere because of something you are saying about them, then so be it.
Quote:
Originally Posted by revrandy
A number of years ago when I worked in a different profession, I had a potential new employer call me and tell me that one of my references was trashing me, despite me leaving on good terms and her agreeing to be a reference for me. They agreed to talk with my lawyer and outline what they heard. A cease and desist letter was sent along with a notice if it happened again, we would be going to court and seeking damages as her comments could cause me a loss of income.
Bingo! When you attempt to blacklist someone over something petty or egregious, you're damaging their reputation and causing them a potential loss of income. People sue over this sort of thing all of the time, or at the very least, send cease and desist letters.
Last edited by Left-handed; 11-07-2017 at 09:20 AM..
Thanks for confirming. I just checked them and I'm not sure they have access to any of the systems that HR firms use. I suspect at this point, checking folks is not like the old days and you need access to talent management systems to move further with a check. Do you know any company that would access to them that does discreet reviews of your background?
Just because they all use a Taleo, Brass Ring, ADP, whatever, they don't talk to each other. They all use Excel, Outlook, and Microsoft word too...but they don't share hard drives.
A cease and desist might work if the former employer is lying. However, if they are being truthful, nothing can be done. Truth is an absolute defense in those situations.
Quote:
Originally Posted by TaxPhd
Again, truth is an absolute defense. It is pretty much an insurmountable obstacle for any prosecution.
Quote:
Originally Posted by TaxPhd
In thirty years I have seen MANY threats of a lawsuit over such issues. I’ve never seen a suit actually happen. What lawyer would take such a case?
From the old Bobby Bare song:
Quote:
I'm gonna tell you just a little bout what it means to be a winner
He said now you see these bright white smilin' teeth you know they ain't my own
Mine rolled away like Chicklets down the street in San Antone
But I left that person cursin' nursin' seven broken bones
And he only broke ah three of mine that makes me the winner
He said now behind this grin I got a steel pin that holds my jaw in place
A trophy of my most successful motorcycle race
And each morning when I wake and touch this scar across my face
It reminds me of all I got by bein' a winner
Ever been in a fistfight? Ever won a fight? Ever won a fight, and had your nose bloody and your shirt torn, and your girlfriend is in tears and the bouncer has thrown you both out and your talking to the police?
Yeah, not worth it, is it?
Same thing with the lawsuit. He can still sue, and he can still cost the firm a lot of money in legal fees, even if it never sees a courtroom. Far better to simply verify start and end dates.
So you tell me, if you're head of a company are you going to let your manager be honest as he wants (which is probably sour grapes) since you know you'll prevail in court, or are you going to focus on your business and keeping the firm productive and profitable?
Some managers still defame people despite company policy but when a cease and desist letter gets to HR about them HR will go ape crap and make them stop.
Were you involved in a lawsuit with a previous employer ? I believe that type of info shows up on back ground checks and most employers will pass over you for that reason alone (especially if you won).
Do you have any reason to believe that you are being blacklisted? Has anything happened in the past that may lead you to believe this?
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) employer doesn't want to waste time and resources on legal issues, even if there's a high probability they'll prevail.
