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employment reference

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Recently I was contacted by a company requesting a job reference for a former employee. Can I be sued for answering questions about that employee? What can I say?

[This message has been edited by laurieann (edited May 03, 2000).]


Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by laurieann:
I am a supervisor at a bank. Recently I was contacted by a company requesting a job reference for a employee that had recently left the bank. I used to work for that company and when the representative called she stated she knew I used to work for them and that I was a good employee. After conversing for a few minutes she asked me about the individual in question. I was honest in answering all her questions regarding her performance including the fact that I would not rehire that individual. That evening the individual came into the bank and told me the representative from that company called her and told her she would not be hired because of what I said and told her in detail what I said. This individual is threatening suit. Can I be sued for being honest? Can the representative from the other company legally tell her everything I said about her performance? Thank you.<HR></BLOCKQUOTE>

My response:

Yes, both you and the Bank could be, and should be, sued. You didn't review or understand, or weren't trained in, State and Federal law. What you did is you interfered with a person's ability and right to work, and make a living. Basically, Federal law, and most States' laws, mandate that you only divulge confirmation of previous employment, position held, and salary history - - that's it !! Any questions with regard to "What kind of employee was he/she?" or "Was he/she any trouble?" should have been ignored.

Quite frankly, I would love to have that person in my office, because within 2 days, you'd be served, along with the Bank, a Summons, Complaint and Statement of Damages for all sorts of negligent and intentional acts.

You had better speak with your Banks' attorneys because you're in for the "time of your life."


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