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Can a former employer on their own call prospective new employers without any consent or knowledge from their former employee To give bad reference of former employee.?
Wiki User
∙ 15y ago
No. it is illegal to give anyone a bad reference. you can refuse to give one but you cannot give a bad one. It is absolutely NOT illegal to give a bad reference. The reason most people won't give one is the fear of litigation, but if the former employer has an airtight case against the fired employee, they most definitely can do it and will probably prevail. I want you to consider: My employee Joe was terminated for stealing money and merchandise from my convenience store. The police arrested Joe, and he received three months in jail for embezzlement and credit card fraud. Four months later, the HR director from a convenience store chain calls me and informs me Joe listed my store as a reference because he's looking for a job as a store manager in training. It would be wrong just to verify Joe's information. It is my duty to the business community to inform her Joe no longer works here because he stole $600 in cash, fifteen customers' credit card numbers which he used to order things off the internet, ten cases of beer and twelve cartons of cigarettes, and he spent time in jail for it. It wouldn't be hard to prove it--anyone hiring a store manager is going to pull his criminal record anyway. If I am accurate, Joe has no case. OTOH, if I was running a restaurant that got lots of business on Valentine's Day and Joe quit on February 13 because I told him he had to work instead of staying home to have sex with his girlfriend, leaving me in a lurch, I would probably just tell the HR lady Joe worked for me and quit on February 13. The next question she would ask--they all do--would seal Joe's fate: "Would you hire Joe again?" I would answer no. There's nothing Joe could do about it because, strangely enough, I wouldn't rehire him. Now as to the original question: I don't think it's legal to give bad references in this manner. We can normally only check references a prospective employee gives us.
Wiki User
∙ 15y ago
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