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If I call and ask "In your opinion, is so and so a hard worker?" if the person says "no, they were not" the company is covered and there is no lawsuit. I asked for an opinion. So, unless the applicant is in possession of a recent glowingly positive review by the person I talked to, there is no lawsuit. There has to be PROOF that not only was the reference not truthful, but that their opinion was motivated in a desire to make sure that the person did not get a new job.
Opinions are dangerous. There is a fine line between what is protected opinion and what is unreasonable. Saying someone isn't a hard worker because they didn't work 80 hours a week for no extra compensation is not going to go over well with a jury even if it is technically an opinion.
A lawyer might take that case. And who knows what the jury is going to do. Civil standard is preponderance of the evidence and not beyond a reasonable doubt. They only have to convince the jury rather than prove anything. That can be done with compelling testimony....not just hard evidence.
It's a risk/reward calculation. Why would a former employer risk a lawsuit, potential settlement, cost of defending the suit, civil judgment and/or bad PR for the benefit of a different organization? Where is the reward for taking the risk?
Some employers(like many government employers) have no issues sharing information with each other, but a typical for profit company won't take on a liability risk for someone else unless there is some benefit to them.
I've worked for a large private company and a large public company. At both places, they asked managers NOT to give references and would only verify employment dates for the legal reasons previously stated.
I have yet to work for a company that checked references. I have worked for companies that did background checks which included education, employment and criminal verification. The jobs have been at a manager and director level.
I've worked for a large private company and a large public company. At both places, they asked managers NOT to give references and would only verify employment dates for the legal reasons previously stated.
I have yet to work for a company that checked references. I have worked for companies that did background checks which included education, employment and criminal verification. The jobs have been at a manager and director level.
I only worked for one employer that didn't check my references.
I've worked for a large private company and a large public company. At both places, they asked managers NOT to give references and would only verify employment dates for the legal reasons previously stated.
I have yet to work for a company that checked references. I have worked for companies that did background checks which included education, employment and criminal verification. The jobs have been at a manager and director level.
I think the best references are from people that became your friends at work sites. You never know if a supervisor has something against you and might say something bad.
I think the best references are from people that became your friends at work sites. You never know if a supervisor has something against you and might say something bad.
I was thinking about that which is why I played it safe and removed my last supervisor.
Has anyone experienced potential employers who contacted your past employer(s) before interviewing you? If so, did you know and how did you respond?
well, not but they cannot really do it unless you authorize them to do so.
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