Question for Sockeye

[Job_Hunting]

What is the name of your state? IL

Sockeye,

I see you are an HR manager--
Was wondering what legally a past employer can tell a potential employer, been getting conflicting info about this--thanks!

 

[BelizeBreeze]

There is no conflicting information except for people who don't know what they are talking about, and we get those alot here.

A former employer can tell someone who calls for a reference anything that is not protected information (such as HIPPA protected information) and that is either truthful (such as you were reprimanded for such and such and how many times, or that you were late x number of times) or that they have a reasonable belief is true.

 

[Sockeye]

Yep, what ^ said.

And while I am an HR Manager, there are a few regular posters on here that know far more than I do.

I hang out here and answer a few questions, but am mostly here to learn.

 

[cbg]

Above answers are correct.

Your employer may provide any information that is true, or that represents their honest and supportable opinion. The exception is that they may not provide any medical information that they may have in their files about you.

I'm sure you have heard that employers may only verify dates of employment, salary and rehire status. There is no truth to this whatsoever, however many people believe this to be true. The fact is, so many employer have implemented this as a company policy in a mistaken belief that they can be sued for any negative information that the general public has come to believe it is a law. It is not.

On another board, which is peopled mainly by HR professionals, I have a long standing challenge for anyone to point me in the direction of ANY case, in ANY state or ANY circuit, in which an employer was successfully sued because of a truthful, but negative reference. That challenge has stood unanswered for several years now.

 

[Job_Hunting]

This information is very good to know, and I thank you all for setting me straight about "myth" and fact !!!

Now that I'm clare on the law, I'll venture to say that I think MOST past employers don't have an interest in sabotaging one's ability to get a new job, and will probably just verify facts. I hope that's the case for us newly unemployed on this board anyway!

With that said, I'll continue to learn more from you folks and hope to use that information productively during my job searches!!