Iaal, Jetx, Cbg, Beth......

[kidoday]

What is the name of your state?MI

What legal questions can prospective employers ask previous employers?

My ex was terminated in Feburary after 15 years. He has had two different job offers, however, both times he has been called later in the afternoon and told that they didn't need him. He is thinking the prospective employers called the previous employer and was given a poor response.

Just curious.

 

[HomeGuru]

What is the name of your state?MI

What legal questions can prospective employers ask previous employers?

My ex was terminated in Feburary after 15 years. He has had two different job offers, however, both times he has been called later in the afternoon and told that they didn't need him. He is thinking the prospective employers called the previous employer and was given a poor response.

Just curious.

**A: what was said?

 

[kidoday]

Sorry Homeguru I didn't add your name.

I don't know the answer to that question. He is just thinking that his offers were turned down after they called the previous employer.

 

[cbg]

And what proof does he have that the previous employer called the prospective employers? What proof does he have that the prospective employers did not call the previous employer? What proof does he have that the previous employer and the prospective employers talked at all?

He will need considerably more than a suggestion that *maybe* the previous employer called the prospective employers, before he can take any legal action if that is what he has in mind.

And even if there was contact, unless the previous employer LIED, your husband has no case. Not offered an opinion counter to your husband's belief; not stated his honestly held opinion that happened to be negative; not told any negative truths that might be in the file, but LIED. An employer is permitted to say anything that is true or that he honestly believes to be true, regardless of whether it is positive or negative. "I didn't approve of his management style" is an opinion and protected; "We fired him for stealing" is a lie and not protected (unless, of course, he really was fired for stealing in which case it is a truth and protected).

 

[kidoday]

I am passing this along to him. Thank you for your responses.

He doesn't have proof at this point that anything has been said; just an intuition if you will.

 

[cbg]

Unfortunately, intuition is not enough. He needs proof of falsity before he has any kind of legal case.

 

[kidoday]

I have another question.

When his employer terminated him they told him that another employee had claimed that he, my ex, had been spreading negative rumors about the company and they no longer needed him; "You are fired" is what they said. My ex asked what the rumor was and the employer refused to disclose it. Can the previous employer put that in his file or disclose that in when a prospective employer calls?

 

[cbg]

Can they put it in his file? Most certainly. His file OUGHT to reflect the fact that he was fired and for what reason. Among other reasons, it might make the difference as to whether he is eligible for unemployment or not (and might for this reason work in his favor).

They can also certainly tell a prospective employer that he was fired, and they can say either that they no longer needed him or that he was SUSPECTED of spreading negative rumors about the company. I would not advise them to say that he WAS spreading negative rumors unless they had actual proof of it.