In the state of Philly/Pa is it illegal for a previous employer to say you were fired to current new employers ? (lawyers)

[Outofthematrix]

Just want to know the truth about this,can they give you bad references?

[rotodome]

Is it true? If so I don't see why that would be illegal.

[sj08054]

If you are referring a previous employer disclosing your termination, they may choose to do so. If that is the case, they must be accurate.

[canadian citizen]

As a manager, here is how I handle that question.

I wouldn't re-hire that person.

Most sensible people get the underlying message.

Jim B

Toronto.

[FBJ]

Originally Posted by canadian citizen

As a manager, here is how I handle that question.

I wouldn't re-hire that person.

Most sensible people get the underlying message.

Jim B

Toronto.

Yeah I think that's what you can say but to me it's still a negative and no different from saying the person was let go

[jazzy jeff]

Many employers (HR Depts) now have the policy of not giving much information, pro or con, on past employees due to liability issues that can arise. An employer can be sued for deformation of character. All they do is confirm the time frame they were employed. Direct Managers and Supervisors are usually permitted to give a reference.

[FBJ]

Originally Posted by jazzy jeff

Many employers (HR Depts) now have the policy of not giving much information, pro or con, on past employees due to liability issues that can arise. An employer can be sued for deformation of character. All they do is confirm the time frame they were employed. Direct Managers and Supervisors are usually permitted to give a reference.

If they say NO to would you rehire then that's a lot of info

[jazzy jeff]

Originally Posted by WestPhillyDude75

If they say NO to would you rehire then that's a lot of info

Sure, but like I said many employers now a days will only confirm that you were employed and for how long. A recruiter friend of mine would recommend anyone leaving a company to ask managers and supervisors for written references, because perspective employers may not get much information when calling former employers. She would also advise people to ask for copies of performance reviews and save them in the event you were fired and they contested unemployment compensation.

[SJCPHL]

Doing so is perfectly legal. I'll quote from a post in another discussion, which, in turn, quotes from my old employment law textbook:

"To prevail in a defamation claim, the plaintiff must show that:
1. A statement is made that purports to be 'factual' in nature.
2. The statement is false or substantially false.
3. The statement challenges the integrity, character, or ability of the plaintiff.
4. The statement is published either orally or in writing.
5. There is harm to the reputation of the plaintiff."

Two is what kills you. If your old boss says you were fired and you weren't, then you might have a case. If he says you were "late all of the time," and you were late three times in one year, you might have a case. But if he says he "had problems with tardiness" and you were late three times in one year, it's a valid complaint. If he says you didn't work well with others and even one person on the team (including himself) didn't like you, he's probably on solid legal ground.

In reality, it's actually pretty difficult to prove one of these cases, from what I understand.

[jazzy jeff]

Several years ago I attended a seminar on how to properly discipline and terminate employees. The seminar was conducted by Lawyers in which they stated "in wrongful termination lawsuits, the fired employee will win 90 percent of the time". They of course stressed the importance of writing up employees with warnings etc, and plenty of documentation of policy.

They stated one of the biggest reasons for losing a lawsuit was for firing an employee for an offense, that other employees may of committed and were not fired. For example if you have an attendance policy and you fire someone for violating it, but allowed someone else to exceed it, you would lose a wrongful termination suit.