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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).
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.
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.
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.
HR at any large company will almost always not want to risk it and tell the.manager to not provide any feedback next time. The company has nothing to gain and a lawsuit to lose, they won't want to take any risks.
HR at any large company will almost always not want to risk it and tell the.manager to not provide any feedback next time. The company has nothing to gain and a lawsuit to lose, they won't want to take any risks.
Again, truth is an absolute defense. It is pretty much an insurmountable obstacle for any prosecution.
Again, truth is an absolute defense. It is pretty much an insurmountable obstacle for any prosecution.
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.
There are services such as Alyson Taylor that can call your references posing as an employer, document and even notarize what they say and report back to you. If they are being malicious and/or untruthful a cease and desist letter (you can make one yourself from a template or pay a lawyer) will almost always get them to back down and only confirm titles and dates of employment.
Friens would do this for friends back in the 80's. Intersting now there is a business that does it. Been self employed since 1994. And loving every minute of it.
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.
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.
What do you see when you google yourself? or google your email address? Sometimes things hide in plain sight. Social media is your vast "human talent network" that is being shared. What does your facebook account show to the public?
About twenty to thurty years ago, and after many millions of law suits, most companies learned not to do this and many simply refuse to provide any references for fear of a law suit.
Could there be another reason?
Absolutely untrue and yet again people keep spreading this misinformation.
There were no "millions of lawsuits" that caused every company not to give details on former employees. You know this and will not provide any links.
People need to stop making up stories on this forum. There are NO laws against being truthful about a former employee, and like I said while some companies as a policy may not elaborate, many companies are hardly intimidated by the empty threat of a lawsuit. Good luck trying to 'scare' Walmart with a lawsuit if you were let go for performance reasons and this is exactly what they say during background checks.
As long as it is true a company can say anything they want, as they should. Being truthful about a person being a terrible performer, always being late, always absent, is valuable information that should be disseminated. Just because you were/are a terrible worker, doesn't mean you should get a free pass in life.
Besides, even if a company doesn't give out any information besides dates, there are many other ways to weed out the bad ones.
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.
Of course I changed my reference from that point forward.
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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.
