Prospective employer contacting past employer

[wheelsup]

Correct me if I'm wrong, but if you apply for a job, and that prospective employer calls your current and/or past employers, those current/past employers can't specfically recommend or not recommend someone, correct?

I.e. you work for company A and want to work for company B, and apply. Company B calls company A and company A tells B you're a jack@ss, I thought that was illegal for some reason. Of the conversations I've had with bosses, they've always mentioned that fact.

Quoted from http://www.fly-hawaii.com/hire-details.html:

All air carriers are required to contact all previous aviation employers for reference prior to hiring a new pilot. Those pilots who accept a position with HFA and do NOT honor their one-year commitment, can expect a thumbs-down reference from our company when contacted by the new employer. Be fair and in integrity with us, and we will do the same!

Emphasis added.

~wheelsup

 

[betelnuts]

Talk to your lawyer. I don't believe a past employer can give a negative reference. Did he work there? yes/no. From this date to that date?

 

[400A]

Background

I dont think it is illegal. many companys don't do it for fear of a defamation suit. Remeber though, it is not defamation if it is true.

For F.A.R. 135, a background check is mandatory to be filled out by each previous air carrier to show a history of failed check rides.

Some companys have a policy to only confirm employment dates for fear of backlash.

It is easy to give a bad reference without opening yourself to leagal action. Yes, he was here for those dates,,, No, he is not available for re-hire.

 

[pullmyfinger]

May I suggest that before you leave company A, you hire an independant company to do a background check on yourself. After this is completed, you will have a record of what company A will say to a prospective employer.

There are no laws restraining a company from saying anything they like about you, however there are civil consequences for what they do say. It is in their best interest to keep information down to a minimum.

If the information given to your prospective employer differs from what was recently recieved in the background check you did on yourself, company A would have a hard time maneuvering out of a bad civil position, and you could very well collect damages if it causes you a monetary loss (ie loss of new job).

Ive seen this firsthand, and it was not pretty. Guy collected one years salary from company A for his loss of a position at company B.

 

[Vik]

"Yes, John Pilot worked here, signed a 1 year contract to work here, but broke his contract and word to us by leaving before the year was up."

That is not illegal or wrong to say unless it is untrue. The previous employer doesn't even need to be blunt and say, "he's a lying sack of crap and his word is worth his weight in sh!t" .. the quote above means just that! They don't need ot insult you directly to get the point across.

Again, like someone said, if its true, you can't sue them for revealing that fact.

Correct me if I'm wrong, but if you apply for a job, and that prospective employer calls your current and/or past employers, those current/past employers can't specfically recommend or not recommend someone, correct?

I.e. you work for company A and want to work for company B, and apply. Company B calls company A and company A tells B you're a jack@ss, I thought that was illegal for some reason. Of the conversations I've had with bosses, they've always mentioned that fact.

Quoted from http://www.fly-hawaii.com/hire-details.html:
Emphasis added.

~wheelsup

 

[bobbysamd]

Prior employer references

Correct me if I'm wrong, but if you apply for a job, and that prospective employer calls your current and/or past employers, those current/past employers can't specfically recommend or not recommend someone, correct?

Past employers can say anything they want to say about you. But doing so can expose them to such things as defamation lawsuits. Accordingly, most companies these days will only confirm dates of employment, compensation, and possibly how you left the company.

Best thing you can do is to obtain an LOR every time you leave a company. Bring the letters with you to an interview. Having positive or neutral things said about you in writing should obviate a bad over-the-phone reference.

Where are you, Resume Writer? She can provide a definitive answer.

 

[METARMan]

There are no laws restraining a company from saying anything they like about you, however there are civil consequences for what they do say. It is in their best interest to keep information down to a minimum.

Yes there are laws that restrain a company from what they can/can not say. The states I'm familiar with have them. What they can say:

Date of Employment
Resignation or Termination

That is it. Many times employers are PROHIBITED from answering any other questions by law.

For example, in a state I worked in years ago a question on a background check may say something like: "Is this person eligible for re-hire?". In that state, such a question was illegal to answer.

 

[pullmyfinger]

I wont argue..there are no laws prohibiting what an employer can say in any state.

There are civil consequences for what they do say.

I was a lawyer before I opened my eyes to aviation.

Good luck guys.

 

[METARMan]

I wont argue..there are no laws prohibiting what an employer can say in any state.

There are civil consequences for what they do say.

I was a lawyer before I opened my eyes to aviation.

Good luck guys.

A lawyer that won't argue, pullmyfinger must be stand up guy!

Sorry if I posted incorrect information above...

Anyway, I'm not a lawyer, but I have worked in the HR department of two airlines. They both were under the impression that they weren't allowed by law (in addition to corporate policy) to answer certain questions regarding background checks.

 

[Cpt. Underpants]

Also having worked at our recruitment dept, we DID call and the ONLY motive was to discover any P51 time...

Parker P51, that is.

 

[Resume Writer]

As everyone has stated, there are no laws (that I am aware of) precluding an employer from giving a bad reference to a potential employer. Most companies have a policy that precludes their HR from providing any other information besides Date of Hire, Position Title, Date of Termination of Employment (this does not mean they say you are terminated), Salary Info (if you give the past employer the right to tell this) and whether you would be available for re-hire. (however, some companies have a policy against re-hire, like Merrill Lynch for instance)

However, there are times when it IS necessary to give a bad reference. Let me explain.

A number of years ago, a previous employer did not reveal that a potential employee had been fired for embezzling. This person went to the new employer, and started doing the same thing. When he was caught, the new employer found out that the previous employer knew and sued them for not disclosing a pertinent fact and they won.

This also applies if employers know that someone is dangerous, i.e., terminated for hurting another employee. If it can be proven that management did not do a thorough background check, then the employee hurt by the other employee can collect damages from the company.

I think there are many companies that are badmouthing people just because they are upset that they left. That is ridiculous. So, if you are curious what a former employer is saying, then pay to have a reference check conducted. It does not have to be on every company you work for; just the companies that you might have a question about.

I just started offering background checks on my website from the top company in the business. The company is offering a 50% commission to me through March 1, 2005.

Here is the deal. If you decide to order from this company, write me an email at [email protected] and let me know. Provide me with your name, address, phone number, etc. When the company pays me the commission, I will send you 50% of what I receive. So, in effect, you will get a 25% discount off their price.

Understand, you can check out any reference company you want, however, I did my homework on these people and they are the best! I offer you the chance to do this from my website so that you can get the 25% discount.

You can visit my website by clicking on my company name in my signature.

Kathy

 

[Resume Writer]

How strange is this! In the following link http://www.twc.state.tx.us/news/efte/references_background_checks.html
is an article about what we are talking about here. One of my colleagues in Texas just posted this information on a professional resume writers e-list to which I belong. His brother is a Private Investigator and sent him this information.



This information is written for people in HR. While it is information from Texas, I think it answers some of the questions that have been asked.



Further, a bullet about waivers, which is VERY common these days, is worth looking at. Read the fine print, because many employers are putting this on their applications and web applications. These waivers give them "carte blanche" to check or ask whatever they want.



I was recently working with a Police Officer who put his whole career on the line (and had to quit over it) by accepting a "pizza bribe" from a motorist that worked for a national pizza chain. I urged him to be careful, even with the police department, and told him to have a background check conducted. Thankfully, the police department records were sealed. However, it does not take much for the potential employer to find someone else "who will talk."



Kathy

 

[bobbysamd]

Reference caveats

Great information and guidance, as always, from Resume Writer. Thanks, ma'am!