0
I believe so, especially if it is true. If they lie and say you were a bad employee, they would be taking a risk, however, I guess they could if they wanted to.
AnswerMost WON'T, for fear they'll be sued. Many companies have a policy of only verifying dates of employment and salary. Some will also divulge if you're considered "rehirable." Some small business owners just don't care, and will say whatever they think. If you did something really bad (stole $1,000 or assualted a co-worker) the previous employer may use tone of voice or an indirect way to convey the info that you're not recommended. If you're in doubt, put someone else down as a reference.Typically to avoid lawsuits claiming slander or defamation of character most employers are restricted to only verifying the date that you were hired and the date that you left the company,and yes or no if they would re-hire you in the future...
However if you were say arrested (and CONVICTED)in a court of law for committing a crime against the company,then that employer could devulge that information because your criminal conviction is public knowledge and it is not considered slander or defamation to release public knowledge....
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoThat depends. Is he simply barging in uninvited, loadly boasting about your alleged shortcomings? IF so, no, he can't do that as it is trespassing. However, if the former boss is friends with your new boss, and old boss happens to stop by unexpectedly to speak with your new boss, he can say anything he wants until your new boss has heard enough and tells him to hit the road.
Wiki User
∙ 14y agoIf they are there to harass you, no. If they are there professionally, within certain limits and for certain reasons. If they are invited by either you or your new employer, yes.
Add your answer:
Earn +20 pts
What are previous employers allowed to say to other employers inquiring about you and can they reveal that you've been fired in the state of Ohio?
If a prospective employer calls your previous employer, the previous employer can say whatever they feel is true. If you don't want a bad reference, you may not want to put your previous employer on the application.
Are there any laws in the state of California limiting what a previous employer and tell a prospective employer about an ex employee?
I don't know about in California but I heard that an employer is not allowed to tell anything about an ex employee unless used as a reference. If you just use the employer as a previous job all they are supposed to be allowed to verify is that you did work there and the dates. However if you put them down as a reference and a prospective employer calls them they can elaborate on your character as well.
Can your former employer say you were fired?
Legally no, the worse thing a previous employer can say is "I have no comment on that person"It is a common fallacy that a previous employer cannot divulge that the employee was fired. It is not illegal for the previous employer to state the employee was fired and in most cases the reason for the firing, as long as it is a true statement. What a previous employer cannot do is make such accusations as the employee was fired for theft or other criminal act unless that employee has been charged and found guilty of the offense.Addition:You will have to check the laws in your state, but in general there is no law against an employer giving information about you including that you were fired. In general this is a bad practice since it opens an employer up to a lawsuit for defamation if the employer gave out false information that damaged you, i.e. prevented you from getting a job. Also, some information is considered defamatory per se such as accusing you of a crime. But truth is also always a defense to any defamation lawsuit.Yes.Most employers will not do this to avoid defamation of character suits something that may be interpreted differently by another party or by stating something that may not be true.A vast majority of employers will give dates of employment and position held even with your signed release.
Can a previous employer cause former employee not to get a job?
Passively, yes. If a potential employer wants a letter of recommendation from a former employer, and the former employer knows the ex-employee is a hopeless loser or an outright crook, they will write a letter of "recommendation" that will say in effect: "So-and-so worked for us from this date until that date and was found to be 'satisfactory' ". That is the kiss of death. And the former employer has covered themselves, because they said - in print - the employee had been 'satisfactory'.
What do you say to a potential employer if you didn't get along with a previous supervisor?
When an employee indicates they didn't get along with a previous supervisor you should ask more questions. You want to ask questions so that you can discover what caused the problem.
Can legal action be taken against the employer that gives a bad reference?
The only things that a previous employer can say are #1- if you are re-hirable and #2 - what dates you were employed there. The problem is that in order to take legal action you have to be able to 100% PROVE that the previous employer said more than that. An employer can give a negative reference for a former employee if they wish to, but they are not required to. The employer may be exposed to liability, or at least to the expense and distraction of a lawsuit, if it gives such a reference. The former employee may allege that the information provided was false or misleading. The burden of proof would be on the employee to prove what the employer said and how it was defamatory. Truth is a defense to the employer. For this reason, many employers have policies prohibiting giving any reference, positive or negative, and will only confirm the dates of your employment and last title. Some employers may disclose if you are re-hirable, but a non-answer or negative answer to this question could again expose the employer to claims.
Your previous employer is preventing you from getting a job by saying bad things about you to potential employers what can you do?
If you were a good employee, but had a misunderstanding with your former employer you should have tried to get a Letter of Recommendation. It's tough to prove that your former employer is saying anything bad about you so there is little you can do. I don't know how long you worked before, but, if it was just a year or two then on your Resume just skip the last job if you can. I have done that. If they ask just say you took the year off. If I don't trust the former employer I will choose a Supervisor or another person with a position in that company for the next possible employer to contact.
Can an employer find out if you were fired from a previous employer?
Yes. Legally, they are allowed to say anything that is factual and accurate.
What can an old employer say to a new employer about an employee if there is only negative issues with the employee?
Former employers can only inform present or future employees of the salary that was being paid, title, job description, and duration of employment. Any other information that you share may be grounds for a law suit. I would say, just be glad that employee is someone elses problem now. The previous answer is just groundless. An employer can say anything factual about a former employee, with no liability for defamation: "We fired Pat after an investigation", "Pat failed the apprentice exam", "Pat had three unexcused absences the last week here", "Pat was in jail for a week and missed work". You can PAY a lawyer to sue the employer for giving valid facts about you from its files. Every court will dismiss the case; it is not defamation to report the facts to someone with a need to know (the prospective employer).
Does a home based business have to pay payroll taxes for an employee?
It depends on if the employee is considered a contractor meaning does the employer have any say in how results are produced and if the employee makes over $500.00 If the employee is not a contractor, then taxes need to be paid by the employer and the employee. A good place to get more information on this is a local small business association.
Do you have the right to know what a previous employer tells a prospective employer?
In Canada you have the right to go to the former employer and ask to see your employee file and they have to accommodate the ex employee. However, what is in your file and what the former employer says behind your back are two different things. I always get a Letter of Recommendation from former employers because it covers your back. If they say anything else they would look like a complete fool because you have it in writing with your Letter of Recommendation. Employers don't have to give you a Letter of Recommendation, but give it a go. Every bit helps.
Can an employer say no to rehire reference check due to prior employee's use of an attorney and signed settlement?
An employer can refuse to give a reference for any reason.
