IAAL Reference checking

[ZC]

You have been very helpful to me. This should be my last question. Thank's a million. I have one more question maybe you can help me with. My ex-employer was unwilling in giving me a letter of reference (HR Dept.). They did state that any inquiries that may come in the company policy is to supply them with my dates of employment and my job title unless I give further written consent. Most companies these days have you sign off on something giving written consent to your previous employer to disclose much more than you plan. If I send a letter to me previous employer (and they do fear lawsuits) stating that under no circumstance may they give any third party any other information than that listed above, and also stating that if they receive a written consent from myself waiving these rights at a date later than that of this letter - NOT to supercede the letter I am writing now. Sorry if I didn't explain it to clearly - Can I state in the letter I write that no further correspondence even if signed by myself at a later date can not supercede this original request? Is it a binding request that they would need to stick to? Should it be notarized, etc...? Thanks again IAAL.

 

[lawrat]

I AM NOT IAAL (and know he is one of the most INTELLIGENT LEGAL MINDS I HAVE COME ACROSS AND HAVE HAD THE PLEASURE OF POSTING WITH), but maybe I can offer some direction as well, until IAAL answers.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

The reason most HR people are unwilling to do anything nowadays is because of this fear of lawsuits. In recent cases, companies have been sued for defamation and invasion of privacy, going beyond the scope of original consent. See, when a new employer calls a previous employer, the previous employer can't say this person worked here for so long from x to x AND SAY "I HATED HIM, HE WAS A WIFE BEATER". That is why most HR people will only give confirmation of your past employment, your job title and dates of employment.

You are smart to write such a letter and not have a future letter (possible fraudulent source) supercede the first one.

This type of limit on consent and limit on scope of information requested and received is a great idea and should hold up in court.

Hope this helps.

 

[ZC]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
I AM NOT IAAL (and know he is one of the most INTELLIGENT LEGAL MINDS I HAVE COME ACROSS AND HAVE HAD THE PLEASURE OF POSTING WITH), but maybe I can offer some direction as well, until IAAL answers.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

The reason most HR people are unwilling to do anything nowadays is because of this fear of lawsuits. In recent cases, companies have been sued for defamation and invasion of privacy, going beyond the scope of original consent. See, when a new employer calls a previous employer, the previous employer can't say this person worked here for so long from x to x AND SAY "I HATED HIM, HE WAS A WIFE BEATER". That is why most HR people will only give confirmation of your past employment, your job title and dates of employment.

You are smart to write such a letter and not have a future letter (possible fraudulent source) supercede the first one.

This type of limit on consent and limit on scope of information requested and received is a great idea and should hold up in court.

Hope this helps.<HR></BLOCKQUOTE>

Thank's a bunch Lawrat. Is there any specific format in writing a letter as such? Do you have any useful ideas as to what or how this letter should be written?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ZC:
Thank's a bunch Lawrat. Is there any specific format in writing a letter as such? Do you have any useful ideas as to what or how this letter should be written?<HR></BLOCKQUOTE>

My response:

Lawrat has done a stellar job in this matter. She can "ghost write" for me anytime.

Insofar as your letter is concerned, just state what you said in your initial post in this thread. That's enough information for them to "get the drift." I like the way you think - - yes, it's a good idea to have your letter notarized; that way, there's no question that those were your wishes and intent.

Again, very nice work Lawrat.

IAAL



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[lawrat]

THANKS IAAL! YOU ROCK! YOUR COMPLIMENTS ALWAYS MAKE MY DAY!

: - )