• 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.

Defamation

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

FL2254

Junior Member
What is the name of your state?What is the name of your state? Florida

I am currently working with a recruiter on a job prospect. The recruiter was required by the employer to check my references first, which came back fine, but they are waiting on the third, which won't be a problem.

The recruiter told me that the hiring manager at this prospective company was told by "someone" that I was not a "team player". Of course, that is not a true statement. I have never had any problem with this sort of thing before. I don't think I will even get an interview at this point. I need to wait and see. I asked the recruiter who the person was that made this "statement", but he said he didn't know. He won't even send me an e-mail on the subject. I feel I have a right to know. This "person" is preventing me from being considered for a very good opportunity.

I really need some advice as to what to do. I don't know what the hiring manager's next step will be, but it would be very judgemental not to even interview me. Can I demand the information? It can damage a very good career.
 


BelizeBreeze

Senior Member
You have no legal right to the information.

Keep looking. The problem with most people who use recruiters is they sit on their ass when one shows interest.
 

Beth3

Senior Member
I feel I have a right to know. You are wrong. I understand why you want to know but you have no right to know. Additionally, the recruiter would be violating professional ethics to share that information with you if he had it.

By the way, while it is not unlawful, it is quite uncommon for references to be checked pre-interview. There is no way I would hand over my list of professional references to an employer before I had interviewed with them and before I had decided whether I was interested in going forward.
 

FL2254

Junior Member
Thanks for your replies - if defamation is illegal, then how is it supposed to be proved if we don't have any rights to the information? Wouldn't this fall under being blacklisted, which is illegal also? I cannot believe that in this country if an unknown source is trying to blacklist you that it is ok. Can you imagine how many people would be without jobs then? It's nuts.

Also, unfortunately it is becoming more and more common now that they ask for references beforehand. I don't agree with it either, and have in cases flatly refused. On occasion when I have refused, they would not proceed further with the interview/hiring process. I'm finding more and more borderline illegal, if not illegal practices being exercised in the hiring process by both recruiters and employers these days.
 
Last edited:

Beth3

Senior Member
if defamation is illegal, then how is it supposed to be proved if we don't have any rights to the information? You are assuming that a former employer offering his opinion that you are not a team player is defamation. It isn't. He's entitled to his opinion, even if you don't agree with it.

Wouldn't this fall under being blacklisted, which is illegal also? Blacklisting means employers colluded to develop some kind of group "no hire" list. There is no such thing nor have I ever been contacted by another employer and even had it remotely suggested I not hire someone, nor has any other HR person I know.

I'm finding more and more borderline illegal, if not illegal practices being exercised in the hiring process by both recruiters and employers these days. Such as? (Asking for your references in advance is not illegal, nor is a past employer offering a negative reference if that represents his honest opinion.)
 

FL2254

Junior Member
It is NOT a former employer who made this comment. So I'm assuming it is someone at the prospective company. But the recruiter made it clear it was not a former employer.

As far as the negative things I have seen, I'd rather not discuss them on here, as they pertain to race and religion, and national origin. There's no point going into that topic. ;)
 

Beth3

Senior Member
It is NOT a former employer who made this comment. So I'm assuming it is someone at the prospective company. But the recruiter made it clear it was not a former employer. Okay but that still doesn't make it defamation. If someone at the prospective employer's knows you or knows of you, they are free to offer their opinion.
 

Find the Right Lawyer for Your Legal Issue!

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