Bad References (job hunting, employment, credit, application)

[bluebelt1234]

I am currently looking for another job. I am a teacher and was wondering if anyone knows what a previous employer can say about you. I am having a really tough time finding a job right now and I wonder if my previous employer has anything to do with this problem. Well, I was not fired. I resigned because conditions there were HORRIBLE. They even gave me unemployment benefits even though I resigned because conditions were so bad. I had several kids in my class who were mentally ill. I did find out from another teacher that one of my former students did try to murder someone. When I went and asked my principal for help she said,"I don't know how I can help you." When evaluations came around, I always thought I could have done better if I had received proper training in dealing with these kids. She would frequently belittle me. She even said this to me, "If you ever find another job, you will be fired." I even became so stressed from working at this school that I developed an infection that wouldn't heal. I did find another job and so far my evaluations on my current job have been great.

I was not fired from this job but was wondering how this situation could affect my job hunting. I would just love to leave this town.

[TracySam]

A former employer can legally say anything about you that is factually true, and could not open you up to illegal discrimination.

They can provide facts, positive and negative, about your work assignments, attendance, performance, etc. They can also give opinions about your performance. They cannot tell a factual lie about you. They cannot say things that would reveal a protected class you might belong to (like a disability, religion, race, previous use of worker's comp or FMLA).

Also, since you were a teacher, you were likely in a union, so check your CBA for any other restrictions placed on the employer regarding references.

Many people have the belief that past employers can only reveal job title, job duties, and dates of employment. But this is a myth, mainly perpetuated because employers are afraid of lawsuits. If your past employer is in that "fearful of lawsuits" category, this will likely be the only info they will give out. But just know that legally, they can say much more about you.

[njsocks]

They cannot address anything. You can only verify DATES OF EMPLOYMENT and POSITION only! When they do a reference check for a former job, it is THOSE 2 things only!

[PG77]

Originally Posted by njsocks

They cannot address anything. You can only verify DATES OF EMPLOYMENT and POSITION only! When they do a reference check for a former job, it is THOSE 2 things only!

That is not true and I have already explained a situation that happened to me in another thread. In addition, I have researched this on the internet on a legal website and they can say whatever they want to say about you.

[Driller1]

Call your former employer. Act as if you are thinking of hiring you. Give them a fake name. See what they have to say. Just for fun, record it.

[njsocks]

Originally Posted by PG77

That is not true and I have already explained a situation that happened to me in another thread. In addition, I have researched this on the internet on a legal website and they can say whatever they want to say about you.

Do you have the article or facts based on what you are saying? I am not trying to be a PITA but I worked for 2 different companies, one being a hospital and another being a casino in Las Vegas and we could NEVER give any more information than dates of employment and position. The employers wouldn't get past me after I told them so. I would then tell them to fax it to my attention and I would fill out the info. I would leave the area where they would ask if they were eligible for rehire. I believe in NY and Nevada it is a state law.

[20yrsinBranson]

Originally Posted by njsocks

They cannot address anything. You can only verify DATES OF EMPLOYMENT and POSITION only! When they do a reference check for a former job, it is THOSE 2 things only!

They can ask if he is eligible for rehire. A "NO" usually means problems. Often that is all they need to hear to trashcan an application/resume.

20yrsinBranson

[njsocks]

Originally Posted by 20yrsinBranson

They can ask if he is eligible for rehire. A "NO" usually means problems. Often that is all they need to hear to trashcan an application/resume.

20yrsinBranson

We were never ever allowed to answer that! Illegal in NY and NV I guess. I agree a yes or a no speaks volumes.

[tamitrail]

Usually when you sign your paperwork, you sign a consent form saying they can check your references. The only thing that is not allowed to be given out is medical records and school records (unless the student gives consent). They can check for bankruptcies and credit and driving records. Anything that is pertinent to employment can be disclosed. Eligibility for rehire can be answered. Companies can disclose why someone was fired. If it is true and pertinent to your work performance, they can disclose it.

[TracySam]

NJ socks, your experiences are based on company policies, not the law.
We cannot send you a citation of a law that does not exist. There is no law saying what you can and can't say about a former employee. You have fallen for one of the most popular employment law myths.