Companies who actively tell employers to look out for person x

[thermodynamic]

Is it legal for a corporation who fired a worker to tell any employer that the ex-worker is trying to work for anything in an attempt to prevent that person from working anywhere ever again?

Since, in our society, we're supposed to work, wouldn't such corporations be guilty of attempted murder?

[Heddi]

1. I'm not sure what you mean

are you asking if it's legal for an employee to tell their current employees to say something bad about an ex-employee if asked by a potential new employer of the ex?

Labour laws vary from state to State. In South Carolina, it's illegal for an employer to say OFFER any information that a potential employee hasn't asked.

Meaning---If someone's calling to get a reference, and they ask "So, has Jane ever called out sick from work?" Your boss (or ex) could say "Yes, in fact she calls out quite a bit"

BUT---If the potential employer calls and asks "How much did Jane earn per year?" Your boss (or ex) couldn't say "Well, she made $45k but I gotta tell you, she called out of work ALOT"

It's also illegal (but very, very hard to prove) for your boss to UNNECESSARILY smear you in a reference SOLELY for revenge. Again, it's tough to prove because your potential employer is under no obligation to tell you what your boss (or ex) said during the phone call---they can just say you're not the type of person they're looking for.

I've dealt with Labour department many times regarding work-related issues. Rephrase your question and I may be able to help you more

[SoCalDem]

4. Sometimes there is a standard form with questions

Would you re hire this person?
Did person quit or were they terminated?

[Rabrrrrrr]

2. Post #1 is good essential reading,

And I also know, from friends who have been in management in WI and NY, that at least in these two states, if a potential employer called them to ask about a former employee of my friends, all they (my friends) were allowed to say, and I think this might be law though it might be them covering their asses, is "Yes, this person worked for me" or "No, this person did not work for me", but would never, no matter how prodded, offer any information as to the value of that person as an employee.

[Heddi]

3. Yes. Also

I believe that in many states, only official managment can answer questions regarding employment.

So the receptionist could not give information about you, even to say "yes they worked here" or "No they didn't".

Generally on applications when I put down a number for a reference, I use Human Resources as my reference for a job because they have ALLL the information my potential employer needs--dates of employment and salary.

[DagmarK]

5. Yeah, like Heddi said, they are limited in what they can say......

So if you give a potential employer the phone number of the human resources folks to verify employment -- that HR person can only tell the potential employer a set number of things: when you started, when you stopped, how much you made when you left. It is different in various states.

BUT, if you give them just someone's name within the organization for a character or professional reference, I think that person can go beyond what HR can say. And talk you up...which they would do or you wouldn't be giving them their name and number.

Something like that.

BUT......no employer can just rake you over the coals.......they can't tell the potential emmployer, "oh watch out for X, you don't want to hire him." That amounts to slander. They CAN answer a Q that goes like this, however: would you hire X back? And they can say no. Whether or not they can go into the reasons is a state labor law issue.

[SOteric]

6. In my experience, I've been told similar things to those mentioned

That some federal employment laws exist, but fine points vary from state to state.

For the last decade, however, I have been told repeatedly by one HR Department after another that they cannot give 'recommendations' nor can they actively discourage the employment of an individual. They'd get their butts sued off. And actually, it's not all that hard to prove legally.

If you've made it to some final stages in the interview process only to be turned down at the reference stage a couple three times, you get a clue. A lot of folks then have a friend or relative call into the old firm looking for a reference on the individual in question. If they hear dish, they've got cause.

Any time you've worked for a firm for a lengthy period of time, find someone in a position of authority over you who will write you a letter of recommendation on company stationary.

Management and Human Resources folk are trained not to offer opinions on work performance. They are allowed to state the title of your position, relay the basics of the position description, confirm your hire date and separation date, confirm your salary or pay rate, and they're allowed to disclose only whether you "would be rehired." That's a very telling phrase. Any potential employer who hears that an employee 'would not be rehired' would definitely be hesitant to take on the applicant in question, -but it is not in anyway illegal or actionable for the former employer to say this if their former employee was fired for cause and those causes are documented.

That single phrase tells a potential employer many things about an individual. Even if your firm wrote you a bad performance review, then let you go citing company-wide cutbacks and cost-saving measures, they could not legally tell a potential new employer that you 'would not be rehired.'

[sangha]

7. I don't think it's illegal per se

That is, I think they're allowed to say anything they want, so long as it's true. That means, that if they say you shouldn't be hired, they better have a good reason for saying so. Otherwise, you have asuit, but you have to get the potential employers to testify, and that might be hard to do.