• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Employer makes agreement to give neutral reference

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

slickvic

Guest
What is the name of your state? Md. My wife resigned from her job she held at the U. of Maryland with the agreement she would be given a neutal reference to all potenial empoyers. She received a position with a contractor that has an government contract an has to have a security clearance. She took the job and after being there for a year waiting for her security clearance to be completed she was told to have psychological testing done because her former employer gave her a unfavorable reference. Is there anything that could be done about this. I know her employment record speaks for itself but the things they said or not true. She made a few enemies at her former job and its coming back to haunt her so to speak. Any suggestions?
 


Beth3

Senior Member
If her employer knowingly told falsehoods about your wife during a reference check and she suffers damages as a result, she could potentially have the basis of a civil suit. If the employer gave their honest opinion on some things and you/your wife simply don't agree, that is not actionable.

The difference is the employer saying your wife stole from the company while employed and they know that not to be true vs. them saying she wasn't a good team player when they believe that to be the case.

There's also a big difference in agreeing to give your wife a neutral reference which apparenlty they did vs. being contacted by the gov't to provide information for her security clearance. The latter is NOT a standard reference check.
 
C

Curious_n_Okie

Guest
BETH3

OKLAHOMA
Beth3 - in a previous inquiry you stated that a government check of a person's previous employment record was not considered a "standard" inquiry. Does that mean the gov't has greater latitude? What if it is an agency or quasi government type of agency like U. S. Investigations Services that operates under the Office of Personnel Management? They went into my file at my previous employer and copied eveything, good bad and indifferent. The inexperienced young man that I worked for got rid of me and two other middle aged ladies. Now my employment information is available to all true blood government agencies and is definitley not for my benefit. I know his actions have made it impossible for me to ever get government work again, I do not know to what extent it is affecting my private sector search.:(
 

latarpley

Member
The government only has greater authority to conduct a background investigation after the employee signs and completes the SF-86 or SF85-P, also the credit release form, and also the medical release form, and also the declaration for federal employment.

Employment verification is TOTALLY different than a background investigation.

Your information is not available to everyone in the government and all the Freedom of Information restrictions apply.

Beth may correct me, but your employment file is not confidential information. While it is not common they can copy it to anyone who ask, except medical information. They can also refuse to let people copy or see also. You may want to read the small print on the bottom of any job application and see what information you are authorizing release of.
 
Last edited:
C

Curious_n_Okie

Guest
Thank you latarpley!

Your response was very informative. If I manage to acquire another postion of employmentm, I will definitely read all the small print. Thank you.
 

Beth3

Senior Member
latarpley, you are correct. Employee files are only confidential to the extent the employer wishes to deem them so, with the exception of medical information. Some States mandate that employees be allowed to see their files upon reasonable request but outside that, it is entirely up to the employer. Most employers consider these records highly confidential however.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top