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T

TypinMama

Guest
What is the name of your state?
Texas

Can a former employer be required to disclose information they made in a reference check to the former employee?
 


cbg

I'm a Northern Girl
No. Nothing in the law requires a former employer to disclose what theysaid in a reference to the employee. In fact, in some states (Texas is not one of them as far as I can tell) an employer is forbidden by law to allow the employee to see any reference information they may have collected from former employers.
 

Beth3

Senior Member
Agree. The only situation I've ever come across regarding any laws that require an employer to disclose reference information is for pilots under FAA reg's.
 
T

TypinMama

Guest
This is from Vernon's Civil Statutes, Texas. Would you interpret #2 to mean that if a former employee requests what information was disclosed in a reference, the former emplolyer must provide same.


CHAPTER TWELVE—RESTRICTIONS ON LABOR



Art. 5196. Discrimination



Either or any of the following acts shall constitute discrimination against persons seeking employment:


2. Where any corporation, or receiver of the same, doing business in this state, or any officer or agent of such corporation or receiver shall, by any means, directly or indirectly, communicate to any other person or corporation any information in regard to a person who may seek employment of such person or corporation, and fails to give such person in regard to whom the communication may be made, within ten days after demand therefor, a complete copy of such communication, if in writing, and a true statement thereof if by sign or other means not in writing, and the names and addresses of all persons or corporations to whom said communication shall have been made; provided that if such information is furnished at the request of a person other than the employee, a copy of the information so furnished, shall be mailed to such employee at his last known address.
 

Beth3

Senior Member
I think so but I've read that thing four times and I'm still not entirely sure what it exactly means. (There ought to be a law against writing laws with sentence structures like that. Sheesh.)

One would also need to review the entire law - the total context is critical.
 

cbg

I'm a Northern Girl
You would do better to ask this question of a local attorney, or the state Department of Labor, than to try to interpret it yourself. As Beth points out, the entire context is critical - you cannot take one paragraph out and try to interpret it individually. You can end up with some misinterpretations that way.
 
T

TypinMama

Guest
Here's the entire statute. I've read and re-read also and you know you're in trouble when you have to read blocks of 4 or 5 words to comprehend what you're reading. From my research, I think I've determined that there have been two memoranda to the Texas Attorney General questioning this law. His response was that although this law is unconstitutional, it hasn't been challeneged in court; therefore, it stands.

I appreciate both of your responses.

CHAPTER TWELVE—RESTRICTIONS ON LABOR

Art. 5196. Discrimination

Either or any of the following acts shall constitute discrimination against persons seeking employment:

1. Where any corporation, or receiver of the same, doing business in this state, or any agent or officer of any such corporation or receiver, shall blacklist, prevent, or attempt to prevent, by word, printing, sign, list or other means, directly or indirectly, any discharged employee, or any employee who may have voluntarily left said corporation's services, from obtaining employment with any other person, company, or corporation, except by truthfully stating in writing, on request of such former employee or other persons to whom such former employee has applied for employment, the reason why such employee was discharged, and why his relationship to such company ceased.

2. Where any corporation, or receiver of the same, doing business in this state, or any officer or agent of such corporation or receiver shall, by any means, directly or indirectly, communicate to any other person or corporation any information in regard to a person who may seek employment of such person or corporation, and fails to give such person in regard to whom the communication may be made, within ten days after demand therefor, a complete copy of such communication, if in writing, and a true statement thereof if by sign or other means not in writing, and the names and addresses of all persons or corporations to whom said communication shall have been made; provided that if such information is furnished at the request of a person other than the employee, a copy of the information so furnished, shall be mailed to such employee at his last known address.

3. Where any corporation, or receiver of the same, doing business in this state, or any agent or employee of such corporation or receiver, shall have discharged an employee and such employee demands a statement in writing of the cause of his discharge, and such corporation, receiver, agent or employee thereof fails to furnish a true statement of the same to such discharged employee, within ten days after such demand, or where any corporation or receiver of the same, or any officer or agent of such corporation or receiver shall fail, within ten days after written demand for the same, to furnish to any employee voluntarily leaving the service of such corporation or receiver, a statement in writing that such employee did leave such service voluntarily, or where any corporation or receiver of the same, doing business within this state, shall fail to show in any statement under the provision of this title the number of years and months during which such employee was in the service of the said corporation or receiver in each and every separate capacity or position in which he was employed, and whether his services were satisfactory in each such capacity or not, or where any such corporation or receiver shall fail within ten days after written demand for the same to furnish to any such employee a true copy of the statement originally given to such employee for his use in case he shall have lost or is otherwise deprived of the use of the said original statement.

4. Where any corporation, or receiver of same, doing business in this state, or any agent or officer of the same, shall have received any request, notice or communication, either in writing or otherwise, from any person, company or corporation, preventing, or calculated to prevent, the employment of a person seeking employment, and shall fail to furnish to such person seeking employment, within ten days after a demand in writing therefor, a true statement of such request, notice or communication, and, if in writing, a true copy of same, and, if otherwise than in writing, a true statement thereof, and a true interpretation of its meaning, and the names and addresses of the persons, company or corporation furnishing the same.

5. Where any corporation, or receiver of the same, doing business in this state, or any officer or agent of such corporation or receiver, discharging an employee, shall have failed to give such employee a true statement of the causes of his discharge, within ten days after a demand in writing therefor, and shall thereafter furnish any other person or corporation any statement or communication in regard to such discharge, unless at the request of the discharged employee.

6. Where any corporation, or receiver of same, doing business in this state, or any officer or agent of such corporation or receiver, shall discriminate against any person seeking employment on account of his having participated in a strike.

7. Where any corporation, or receiver of the same, doing business in this state, or any officer or agent of such corporation or receiver, shall give any information or communication in regard to a person seeking employment having participated in any strike, unless such person violated the law during his participation in such strike, or in connection therewith, and unless such information is given in compliance with subdivision 1 of this article.

Acts 1907, 30th Leg., p. 142, ch. 67, § 1. Amended by Acts 1909, 31st Leg., p. 160, ch. 89, § 1; Acts 1929, 41st Leg., p. 509, ch. 245, § 1.



Art. 5196a. Discrimination

The following shall constitute discrimination against persons seeking employment: Where any corporation, or receiver of same, doing business in this State, or any officer or agent of such corporation or receiver shall discriminate against any person seeking employment on account of his having participated in a strike.

Acts 1907, 30th Leg., p. 142, ch. 67. Amended by Acts 1909, 31st Leg., p. 160.



Art. 5196b. Penalty

Every person violating any provision of the preceding article shall be imprisoned in jail for not less than one month nor more than one year.

Acts 1907, 30th Leg., p. 142, ch. 67. Amended by Acts 1909, 31st Leg., p. 160.
 

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