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What is legal to ask former employers

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lexi48

Member
What is the name of your state? Kansas

I applied for a job today and when filling out the application there was a form to sign (they did not say it was optional) that releases any prior employers from liability from what they say about you. I was under the impression that all a company can ask a former employer is dates of employment, verify salary if applicant discloses that information and if they would rehire you. On this form it stated they could ask former employers such questions as reason for termination, any probation problems, what type of employee you were and other questions along the same line. I signed it but wish I had not. Of course they cannot contact my current employer as they do not know I am looking. The only other jobs I listed were a temp. agency, and I have no idea how long they keep your records and the job I had prior to that. The department I was employed by no longer exsists here where I live. I also have been diagnosed with ADHD after my last permanent job. Had I known prior to that some problems could have been avoided. I did inform my present employer soon after starting the job. Well I was recently put on probation for stuff that other people have told me would never have been issues in their companies. I have been told I could probably get them for harrassment since they know about the ADHD and these issues are not any big critical deals. Well, I had to get a form filled out by a therapist listing accommodations I needed. I just had that done. It was sent to our Home Office either yesterday or today. My therapist said I need to let my next employer about the ADHD. What is your advise on this and when should I tell them? Also, if I did not want them to know about it and they were able to contact my current employer, would they be allowed to disclose that information?

Chelsi
 


cbg

I'm a Northern Girl
I was under the impression that all a company can ask a former employer is dates of employment, verify salary if applicant discloses that information and if they would rehire you.

This is a very persistant and widespread belief but there is no truth to it whatsoever.

What is your advise on this and when should I tell them?

You should tell them at whatever point they ask you if there is any reason that you cannot do the job with or without an accomodation or, if they do not ask that question, at the time you accept the position.

Also, if I did not want them to know about it and they were able to contact my current employer, would they be allowed to disclose that information?


Your current employer can give them any information whatsoever that is either true or represents their honest opinion of you and your work INCLUDING reason for termination, any probation problems, what type of employee you were etc. The only exception, and this is really the crux of the matter, is that they CANNOT divulge any medical information they may have on you.
 

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