Been with a company for almost six years hauling gas, had quit without notice because of personal problems with my family, now company won't verify my employment and when they do call my former manager will tell them negative feedback, what do I do?
Blackballed employee
Discussion in 'Questions From New Drivers' started by Tonguetied, Apr 19, 2016.
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Contact an attorney and have them remind your former employer what info they can reveal about you.
moloko, crb and HalpinUout Thank this. -
Show pay stubs?
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As long as it is true they can say just about anything.
People confuse the fact that many employers choose to say little or nothing about former employees as a policy to avoid law suites with some actual law preventing reveling information.
From http://www.monster.com/career-advice/article/what-can-employers-legally-say.......
What does all this mean? Generally speaking, it means that as long as a former employer offers honestly held opinions about a former employee or states a documented fact about that person, there's not much a former employee can do about it. While it is true that many companies choose to create policies limiting what is said about a former employee to merely confirming job titles and dates of employment, I'm not aware of any legal consequences for saying more, as long as it's the truth. On the other hand, if the company does have a policy that prohibits saying more, you probably won't go to jail for violating it, but you could be fired. And if you intentionally and maliciously lie, you could also be sued.123456 and double yellow Thank this. -
Pay stubs and W-2 forms.
What type job you looking for? Which city/state do you live in? -
Might let them know how easy it is to contact the BBB.
Last edited: Apr 19, 2016
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What Can Former Employers Legally Say About Me?
Paul W. Barada, Monster Salary and Negotiation Expert
![[IMG]](proxy.php?image=http%3A%2F%2Fmedia.newjobs.com%2Fcms%2Fcareeradvice%2Fimages%2F18.jpg&hash=04d30a033cb2af1b614c46fb6348d4e3)
Many job seekers think there are laws out there restricting what former employers can say about them. A lot of folks may be confusing the word "law" with the word "policy."
Legality or Policy?
While many companies have internal policies that define what employees can and cannot say about current or former employees, those policies fall far short of being laws in any sense. Policies are nothing more than rules generated by the HR department and adopted by a company. They include everything from how many paid vacation days the company offers to rules about attendance and punctuality. But they are not laws that some legislative body external to the company has made to which a criminal penalty has been attached. That is the difference between the rules a company decides to adopt and laws that make it illegal to do things like speed or run stop signs.
For example, numerous job seekers wonder, "What can a former employer legally say about me?" If that question is taken literally, the answer is "anything." I'm not aware of any laws that restrict or bar employers -- or anyone else -- from exercising their First Amendment right to free speech.
That is not to suggest, however, there are no consequences associated with what is said, especially if it's an intentional lie. In other words, freedom of speech is not absolute. The classic example is you can't shout "fire" in a crowded movie theater and claim you're not responsible for any injuries you cause, because you were just exercising your right of free speech.
Similarly, although there are no laws restricting what prospective employers can ask either, there may be legal consequences if a hiring decision is based on the answers. For instance, asking questions about age, race, sex, religion, national origin and so forth, all of which are federally protected categories, isn't unlawful, but it certainly is unlawful to make an employment decision based on the answers to any of these questions. You can ask, but if you act on the answer, there very likely will be negative legal consequences.
The Truth Will Set You Free
What does all this mean? Generally speaking, it means that as long as a former employer offers honestly held opinions about a former employee or states a documented fact about that person, there's not much a former employee can do about it. While it is true that many companies choose to create policies limiting what is said about a former employee to merely confirming job titles and dates of employment, I'm not aware of any legal consequences for saying more, as long as it's the truth. On the other hand, if the company does have a policy that prohibits saying more, you probably won't go to jail for violating it, but you could be fired. And if you intentionally and maliciously lie, you could also be sued.
What This Means for You
From the job seekers' standpoint, this whole issue can be seen as something very much like a double-edged sword. Companies that restrict what can be said by policy may be hurting a good employee's chances of landing another job, because, so the thinking goes, if this candidate did a good job, why wouldn't a former employer be willing to say so? Many prospective employers see no-comment policies as a definite red flag. On the other hand, if a former employer intentionally and maliciously lies about a former employee, the result can be the same -- no job offer. If that's the case, and you think a former employer is intentionally lying about you, call a lawyer.
It's not so much a matter of what a former employer can legally say or not say about you; it's more a question of what the employee has given a former employer to talk about in terms of performance, dedication and contributions.tucker, Toomanybikes and Chinatown Thank this. -
SADLY and UNFORTUNATELY, you put yourself in a very bad situation. While the reasons may be legitimate, the results can be quite negative, as you are now experiencing.
I TRULY and GENUINELY do hope a good job comes your way.
Good luck to you! God bless you and your family!
God bless every American and their families! God bless the U.S.A.! -
How about going to talk to them. You were in the wrong IMO AND ID ASSUME MOST. It's not right to leave an employer high and dry for any personal reason. I've been in a situation similar to this more than once and face to face has always helped. HTH
MidwestResident Thanks this. -
by labor laws, the only things a former employer can say is that you worked there from xx to xx.....
anything else, is a sue able offense.
but, you MUST have proof. hearsay, will not cut it in any courts.
a lawyer can be hired, and "act" as a potential new employer, asking for a reference, and record the conversation, which may or may not be legal in some states, but at the very least, he can then confrot the former employer, and remind him of the laws, and to cease his non-sense.
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