Personnel File

What is the name of your state? Texas

I was fired from a company after 3 years of employment. I am now in the process of looking for a new job. My question is, what can my previous employer tell a prospective employer about my personnel file and my work history regarding my last job? The company I was fired from has turned my personnel file into a complete book of fiction.......is this legal?

Your previous employer may tell prospective employers anything they choose to as long as it is true or they honestly believe it to be true. They may not say anything that is false, misleading, or say anything about any medical information they may have.

Just because you do not agree with it doesn't mean that it doesn't represent their honest opinion.

Personnal file

KS I could have almost have written that post. Pretty much the same thing happened to me. I have been told that they can only give dates of employment, verify the salary and if they would hire you back. I, too am worried what my former employer might say. I have been told by several people that most companies will give little if any information out in fear of lawsuits. I hope that they are right. In my opinion, I would not think they would give out any other info than stated above unless you were fired for doing something illegal. Where you were working just may not have been a good match for you and the next place you go, even if it is the same type of work it might be the perfect match. I would think that if my former employer would tell someone the reasons I was let go, that person might crack up laughing. In my case, my supervisor watched every little move I made and wrote up any tiny thing (and believe me there are several things that should have never even been an issue) I might have done wrong. That stressed me out a whole lot that I was likely to make such tiny little errors.

lexi48 said:

KS I could have almost have written that post. Pretty much the same thing happened to me. I have been told that they can only give dates of employment, verify the salary and if they would hire you back.

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And yet again you are wrong. That is Policy, NOT law.

I, too am worried what my former employer might say. I have been told by several people that most companies will give little if any information out in fear of lawsuits.

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Policy, NOT law.

I hope that they are right. In my opinion, I would not think they would give out any other info than stated above unless you were fired for doing something illegal.

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And you would have a wrong opinion.

Where you were working just may not have been a good match for you and the next place you go, even if it is the same type of work it might be the perfect match. I would think that if my former employer would tell someone the reasons I was let go, that person might crack up laughing. In my case, my supervisor watched every little move I made and wrote up any tiny thing (and believe me there are several things that should have never even been an issue) I might have done wrong. That stressed me out a whole lot that I was likely to make such tiny little errors.

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and that is perfectly legal to keep an eye on you, even if it's 24/7 while you're performing your duties and to 'write you up' for even the slightest incident.

She was looking for any reason she could to get rid of me. I have talked to alot of people who have said the things she wrote me up for would never have been an issue in their offices. She is not trained at all to be a supervisor. Her job got eliminated so they put her in that position only because it was the only job there was. She did not know how to treat people. Some days she was nice to others but down right rude to me. There was no reason to watch every little thing I did. I had more errors only because she was constantly making me nervous. Everyone knows that will happen. She simply wanted to get rid of me. And I do not think my opinion was wrong.

The fact remains, lexi, that the law does not prevent an employer from giving out whatever information they choose to as long as it is either true or represents their honest opinion. It is FACT, not opinion, that the law allows this. While many companies have CHOSEN to limit the information they provide, they are not under any Federal or state law required to do so.

If you believe that all companies are going to limit themselves to providing only dates of employment etc. unless the employee did something illegal, then yes, your opinion is wrong.

Personnal file

BelizeBreeze, I promised I would call a lawyer today and ask and I did so. I was told they could say anything unless it is discrimination. I had just always been told by various people there was a law against what they could say. Maybe at one time there was but not. I stand corrected. Sorry. At least I learned something. The lawyer did say she advices former employers not to say anything. I did not ask, but have heard that they are not allowed to reveal any medical details. That I believe as that info has to be kept in a seperate folder.

lexi48 said:

BelizeBreeze, I promised I would call a lawyer today and ask and I did so. I was told they could say anything unless it is discrimination. I had just always been told by various people there was a law against what they could say. Maybe at one time there was but not. I stand corrected. Sorry. At least I learned something. The lawyer did say she advices former employers not to say anything. I did not ask, but have heard that they are not allowed to reveal any medical details. That I believe as that info has to be kept in a seperate folder.

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Congratsulations Lexi, you have now found the secondary purpose of this website. Education. And I appreaciate your candor.

As for the medical information, that depends on what the information entails. Most of it is protected by HIPPA laws but if a prospective employer asks if a former employee has taken any sick days and how many, that is perfectly legal.

what wouldn't be legal is the purpose of those sick days.

Lexi, it is indeed true that medical information cannot be provided in a reference or background check. That is forbidden under the Americans with Disabilities Act. It is also true that such information has to be kept in a separate file.

Many employers have opted to limit the information they provide on the mistaken belief that they can be sued for any negative information they have provided. For a while, there were so many employers making that choice that a very great many people mistakenly believe that it is a law. It is not, as you discovered.