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Am I required to do this?

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glimbaugh

Junior Member
What is the name of your state? MO

I recently started a new job. On the application it had a check box to contact current employer. I checked "No". The company offered me a position and I accepted and have been here 3+ weeks now. I get an email from HR asking me to fill out a new application and change that answer to "Yes". Am I required to do that?

I'd really rather them not contact the employer. Also if I did check "Yes" how does that allow them to check with a job that I left weeks ago sincethey are no longer my current employer?
 


LeeHarveyBlotto

Senior Member
I can only speculate as to why your HR department has this process in place, as they don't need your permission to talk to your now former employer.

To answer the question as asked, yes they can require you to do so.
 

glimbaugh

Junior Member
How is that legal?

They hired me based on me saying "No" to that question. There was no requirement for that prior to the offer yet now that I'm employed with them they can force me to now agree to it. If they had a problem with it before hand they should have required me to sign yes upfront.
Now I'm expected to sign and back date a form that says if I lie they can fire me yet I'm lying if I back date it and say "yes"


I'm curious if others have differing opinions?
 

moburkes

Senior Member
They hired me based on me saying "No" to that question. There was no requirement for that prior to the offer yet now that I'm employed with them they can force me to now agree to it. If they had a problem with it before hand they should have required me to sign yes upfront.
Now I'm expected to sign and back date a form that says if I lie they can fire me yet I'm lying if I back date it and say "yes"


I'm curious if others have differing opinions?
No, they didn't hire you "based" on that No answer. They hired you IN SPITE OF that answer. Yes, you can be fired for not complying. No, do not backdate that form.
 

cbg

I'm a Northern Girl
It can be legal because it is. Since no law says they can't ask you to do this, they can.

They also do not now (and never did) need your permission to contact your then-employer. Most employers will only do so with permission but permission is not needed under the law.

Yes, you can be fired for refusing. Same reason; no law says you can't be fired for refusing - therefore you can be.
 
I wouldn't worry about them calling you previous employer. The common knowledge is that the previous employer can only said good things about you, or nothing at all, without risking a legal action against them by you.
 

Betty

Senior Member
Once you are hired, you need to comply with whatever your employer asks you to do or you can be fired for refusing. They aren't asking you to do anything illegal.
 

moburkes

Senior Member
I wouldn't worry about them calling you previous employer. The common knowledge is that the previous employer can only said good things about you, or nothing at all, without risking a legal action against them by you.
That is 100% false. The employer can say ANYTHING that he believes to be true, and it would be 100% legal, and a good defense to any lawsuit. The person who initiates that lawsuit would be paying that employer's legal defense fees.
 

Betty

Senior Member
I wouldn't worry about them calling you previous employer. The common knowledge is that the previous employer can only said good things about you, or nothing at all, without risking a legal action against them by you.
That's not completely true. The former employer can say anything about your employment there as long as it is true or they believe it to be true.
 

Betty

Senior Member
When I was typing some of my replies, some of the other posts (replies) weren't there yet when I started typing mine but they got submitted off before I submitted off mine.
 

cbg

I'm a Northern Girl
Cross posting or not, though, the fact remains that Towline is wrong. Despite a persistant and totally erroneous belief to the contrary, an employer may legally provide any information that is true, that they have a valid and supportable belief to be true, or that represents their honest opinion. The myth that negative references are illegal is just that, a myth.
 

Ozark_Sophist

Senior Member
I think the myth is intentially perpetrated by employers to encourage employees to show their "true colors" during the dismissal process.

Do not back date the document. Otherwise, complete the application.
 

glimbaugh

Junior Member
"Yes, you can be fired for not complying. No, do not backdate that form."

How can I comply if I don't back date the form?
 

Betty

Senior Member
Did they ask you to backdate the form? Otherwise, complete it, answer yes, date & sign it currently.
 

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