Employer discussing why I was let go

[ConspiracyTheory]

What is the name of your state? Texas

If a former employer tells a potential employer why I was let go (as in if they were asking for a reference) are they (my previous employer) required to let me know? In particular, I believe Texas Civil Statutes (Titles 78 to 111) - CIV STAT Art. 5196. Discrimination requires this.

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.

Am I correct in believing that if a prospective employer contacts my previous employee and they say why I was let go, then they have to notify me within ten days? Thanks.

 

[PayrollHRGuy]

Have you demanded such from the former employer as the law states?

 

[FlyingRon]

Not quite. First off, you have an unclear antecedent in your statement (not sure which entity "they" refers to) and I think you meant previous EMPLOYER not employee.

Here's what the law says:

If a corporation or their employee gives out information, and you ASK for it, the corporation who gave the information has to give you either a copy of any written letters sent out or the names and addresses of anybody that non-written communication was given to.

 

[Zigner]

Here's what the law says:

If a corporation or their employee gives out information, and you ASK for it, the corporation who gave the information has to give you either a copy of any written letters sent out or the names and addresses of anybody that non-written communication was given to.

You missed this part of the law in your summary: "...a true statement thereof if by sign or other means not in writing..."
That means that the person would also need to give a statement about what was actually said.

 

[ConspiracyTheory]

Thank you everyone. So I should just have to write to my previous employer something like...:

I am hereby requesting copies or statements regarding whatever might have been communicated to prospective employers about my employment, as well as the names and addresses of such prospective employers. This is pursuant to Texas Civil Statute Title 83 Article 5196. Thank you.

 

[PayrollHRGuy]

That's should do it.

 

[cbg]

Just so there's no question, because this is a very misunderstood area of law, it is 100% legal for the employer to tell prospective employers why you were let go. Despite what you have probably heard, there is nothing in the law of Texas (or any other state, either) that limits an employer to dates of employment, rehire status and salary - they are free to give them the exact, *truthful* reason you left, even if it is negative and even if you were fired (I'm not saying either is the case; I'm just setting out what is allowed since many people do not understand that.)

 

[ConspiracyTheory]

Just so there's no question, because this is a very misunderstood area of law, it is 100% legal for the employer to tell prospective employers why you were let go. Despite what you have probably heard, there is nothing in the law of Texas (or any other state, either) that limits an employer to dates of employment, rehire status and salary - they are free to give them the exact, *truthful* reason you left, even if it is negative and even if you were fired (I'm not saying either is the case; I'm just setting out what is allowed since many people do not understand that.)

I understand this. I was just unaware that they had to let you know (at least in Texas) if they have communicated with other people or businesses and told them why, if you request it. But I agree, there seems to be a lot of misunderstanding about this. I think part of it is that lots of companies WON'T discuss why someone no longer works at their business so that they don't accidentally get in trouble and can be sued.

I'm just wanting to find out what my previous employer is saying about to other prospective employers.

 

[justalayman]

I understand this. I was just unaware that they had to let you know (at least in Texas) if they have communicated with other people or businesses and told them why, if you request it. But I agree, there seems to be a lot of misunderstanding about this. I think part of it is that lots of companies WON'T discuss why someone no longer works at their business so that they don't accidentally get in trouble and can be sued.

I'm just wanting to find out what my previous employer is saying about to other prospective employers.

How do you know your former employer told anybody anything?

 

[PayrollHRGuy]

I will be honest. I did not know that law was on the books in Texas and I have had Texas employers as clients going back 15+ years.

 

[ConspiracyTheory]

How do you know your former employer told anybody anything?

I don't, I'm asking to see if they have said anything.

 

[justalayman]

I don't, I'm asking to see if they have said anything.

And if they say they aren’t required to provide you with any such notice?

Unless some possible employer tells you they received info from this particular former employer, you’ll live your life guessing. Unless there is also law obligating a prospective employer from disclosing such a communication, chances are you’ll never really know who talked to whom.

While it’s great to have such a law, the reality is it appears difficult to know whether it is being complied with.

 

[ConspiracyTheory]

And if they say they aren’t required to provide you with any such notice?

Unless some possible employer tells you they received info from this particular former employer, you’ll live your life guessing. Unless there is also law obligating a prospective employer from disclosing such a communication, chances are you’ll never really know who talked to whom.

While it’s great to have such a law, the reality is it appears difficult to know whether it is being complied with.

The law says that they are required if I ask for it. If they say that they aren't required and will not do so, then I'll have to consider whether I want to pursue legal action against them. They were somewhat sketchy towards me at the end of my employment so it is definitely something I might proceed with.

 

[Zigner]

The law says that they are required if I ask for it. If they say that they aren't required and will not do so, then I'll have to consider whether I want to pursue legal action against them. They were somewhat sketchy towards me at the end of my employment so it is definitely something I might proceed with.

What happens if they say the didn't communicate with someone, or if their version of the conversation is different? How do you intend to prove a violation? That's the problem with the law that justalayman was pointing out above.

 

[PayrollHRGuy]

I think @justalayman is saying it would go like this.

You demand the info.

The former employer says, "We haven't talked to anyone about you."

ETA: I think the only situation where they could an enforceable action is if the prospective employer told you that they received information and were willing to swear to it in court from the former employer and then you made the demand of the former employer and didn't get a response.

I also think it is interesting that this law is under the Discrimination section of the statutes. I wonder if the lawmakers weren't actually trying to do something else.