Recently terminated

[Ataylor_2005]

What is the name of your state? Illinois

I was recently terminated from my place of work. My question is this: If I use the company as a reference, is it illegal for my supervisor to relay the fact (to my new employer) that I had been fired? Any help is appreciated.

Thanks in advance,
-Anthony

 

[turbowray]

only know what ive been told

What is the name of your state? Illinois

I was recently terminated from my place of work. My question is this: If I use the company as a reference, is it illegal for my supervisor to relay the fact (to my new employer) that I had been fired? Any help is appreciated.

Thanks in advance,
-Anthony

I dont know if it really happens this way but my supervisor who handles calls like this told me that "legally" in the state of oregon what is supposed to happen is they can say how long they worked there (or if they did) and they can ask would you hire him/her again. The answer is supposed to be yes or no period but who knows behind closed doors what is said.

 

[pattytx]

And again, turbowray provides incorrect information. There is no law in any state that limits the employer to name, rank, and serial number; if that is the practice of the employer, it's because the employer has chosen to make it so, not because there is any law requiring it.

The employer can legally say what happened, why you were fired, and give their opinion about your work. You were fired; it is not illegal for them to tell a prospective employer that.

 

[Ataylor_2005]

Thanks for the help.

p.s. "If at first you don't succeed, destroy any evidence that you tried!" hahaha...

 

[turbowray]

ty again patty lol

And again, turbowray provides incorrect information. There is no law in any state that limits the employer to name, rank, and serial number; if that is the practice of the employer, it's because the employer has chosen to make it so, not because there is any law requiring it.

The employer can legally say what happened, why you were fired, and give their opinion about your work. You were fired; it is not illegal for them to tell a prospective employer that.

just so you know it may have been the employers practice but this did come from my supervisor that gets calls from perspective employers and had worked as the acting supervisor in our department for over 25 years...i guess ill tell her she could have done this all these years lol....ty for helping this person out...that is all im trying to do just so ya really know....

 

[BelizeBreeze]

just so you know it may have been the employers practice but this did come from my supervisor that gets calls from perspective employers and had worked as the acting supervisor in our department for over 25 years...i guess ill tell her she could have done this all these years lol....ty for helping this person out...that is all im trying to do just so ya really know....

Then tell your supervisor to quit practicing law without a license.

 

[Lacy_UnderAlls]

just so you know it may have been the employers practice but this did come from my supervisor that gets calls from perspective employers and had worked as the acting supervisor in our department for over 25 years...i guess ill tell her she could have done this all these years lol....ty for helping this person out...that is all im trying to do just so ya really know....

You might help your supervisor out by letting her read this. The times have changed:

In 1977, a prospective employer had little difficulty obtaining references for a job applicant from former employers. By 1987 it was another story. Most employers had adopted the policy of providing only the basics: dates of employment, salary, and title. They feared that revealing more information about former employees could expose them to defamation suits by disgruntled former employees unable to find new employment. By 1997, new theories of liability emerged that made a blanket policy of simply giving "name, rank and serial number" of former employees a more dangerous practice. This is especially true when an employer is aware of a former employee’s tendency toward, or history of, violence or sexual misconduct.

Reference-checking has taken on new importance with the dramatic increase in workplace violence. Former employers can be sued for negligent misrepresentation or negligent referral if the employee is involved in some incident at the new workplace that might have been predicted based on prior behavior. Negligent referral or misrepresentation includes the failure to disclose complete and accurate information about former employees. On the other hand, current employers increasingly face the possibility of being sued for negligent hiring if they fail to adequately check the backgrounds of their employees and an employee behaves in some inappropriate manner.

Society at large has an interest in safe workplaces. To help achieve this, thirty-two states so far have passed laws providing varying degrees of immunity to former employers who provide honest references about their former employees. However, it is too early to tell whether the immunity given to employers under these state laws is sufficient protection for them to feel comfortable giving truthful and accurate references about their former employees to prospective employers.

If you want to read the entire article it is at:

http://gbr.pepperdine.edu/992/referral.html

 

[turbowray]

ty guys!!

You might help your supervisor out by letting her read this. The times have changed:

In 1977, a prospective employer had little difficulty obtaining references for a job applicant from former employers. By 1987 it was another story. Most employers had adopted the policy of providing only the basics: dates of employment, salary, and title. They feared that revealing more information about former employees could expose them to defamation suits by disgruntled former employees unable to find new employment. By 1997, new theories of liability emerged that made a blanket policy of simply giving "name, rank and serial number" of former employees a more dangerous practice. This is especially true when an employer is aware of a former employee’s tendency toward, or history of, violence or sexual misconduct.

Reference-checking has taken on new importance with the dramatic increase in workplace violence. Former employers can be sued for negligent misrepresentation or negligent referral if the employee is involved in some incident at the new workplace that might have been predicted based on prior behavior. Negligent referral or misrepresentation includes the failure to disclose complete and accurate information about former employees. On the other hand, current employers increasingly face the possibility of being sued for negligent hiring if they fail to adequately check the backgrounds of their employees and an employee behaves in some inappropriate manner.

Society at large has an interest in safe workplaces. To help achieve this, thirty-two states so far have passed laws providing varying degrees of immunity to former employers who provide honest references about their former employees. However, it is too early to tell whether the immunity given to employers under these state laws is sufficient protection for them to feel comfortable giving truthful and accurate references about their former employees to prospective employers.

If you want to read the entire article it is at:

http://gbr.pepperdine.edu/992/referral.html

ty very much you guys i told her of what you said!! I am sooo glad i am learning so much from you guys....i dont know if shell take the advise or not but she is now very interested in this website! Maybe you could show her a thing or two (not in a negative way lol)..thanks for giving everyone straight up answers to questions that could have cost them thousands of dollars to get the same answer! turbowray