What exactly can an employer say about you?
-
My husband has been at his current job for about 6 months and already being interviewed for a different job. He hates his current job (they are always working him alone, make him pick up other employees slack, never lets him have days off when requested, complained about him calling in 1 freaking day because he was sick when others call in all the time, and his supervisor is always making the female workers cry and my husband said he cant be around that without getting mad) so needless to say he wants a different job. The other job he applied for has a $4.00/hr raise and he thinks he would like this type of work. The job he wants called his current employer and asked them what type of worker my husband is. The supervisor called my husband in and said "I don't think you are going to get that job, I told them we are too short handed here to lose you." Can his current employer say that and can that hurt his chances? My husband is very upset right now.
-
Answer:
In the US there is no law limiting what an employer can say about an employee or ex-employee as long as what they say is true. If they lie and there are damages then you get into slander laws. Many people think that there are laws that limit what employers can say to just that you worked there and when you worked there. This is not the case and usually come from company policies that they have heard of. In fact there are several states that that have laws that specifically protect employer references unless they are grossly untrue.
Tootie at Yahoo! Answers Visit the source
Other answers
why not get your husband to call the new place up and explain the situation to them, that he's feeling very pressured at work and would like to leave as soon as possible?
Yes. It won't really make a difference to his new employer, other than to illustrate that he is valuable.
Legally his current employer is not aloud to say anything bad about him. He also doesnt have the right to say he needs him there. Your husband has the right to quit that job. But just because the employer doesn't have the right to say it, doesn't mean he wont say something bad
If I were your husband I would be calling the job I wanted and tell them all the things that you just explained; and how he cannot be working in that type of environment and that he is leaving his other job anyways. Tell the potential new job about the old boss, and nicely put that even though the old boss needs you because they are short staffed you are leaving there anyways and that he would appreciate if the new boss took that into consideration. Just don't sound whiny and the new boss (if he's any better than the old boss ) should understand.
Yes, the supervisor was only allowed, by law, to confirm that your husband was employed there and for how long. That doesn't mean that the company calling didn't ask other questions, I'm sure that they did. Your husband should not worry about the comment that the supervisor made. If he has only been there 6 months, then I'm sure that he had other job references that were checked. And, as a hiring authority, I don't see it as a negative. I see it as meaning that you husband is such a good worker they don't want to lose him. That is someone that I would want to hire. And when I do reference checks, I don't really give comments like "we're too short handed" all that much weight when making a decision. There is one other issue in what you posted that I'm concerned with. I think your husband or someone else at this company needs to file a hostile work environment complaint with the EEOC. Just the fact that this supervisor is doing things to cause the female employees to cry is sufficient reason for a complaint. They do not have to put up with that, and your husband does not have to work in that type of an environment. The complaint can be file anonymously, but if it is file openly then the company nor the supervisor can do anything in retaliation. If the supervisor does retaliate, then he can be held personally liable. That means he can be sued
he should have made sure the new employer was aware of it.
the only can say that you worked there from date until date
Employer can legally say anything it wants, short of slander or fraud, provided it does not intentionally interfere with the person's right to contract his services elsewhere (tortious interference with contract), does not inflict emotional distress upon the employee, and does not breach any duty of privacy or confidentiality of the employee. "She's been under medical treatment for depression ever since she had a miscarriage in the cafeteria one day."
Related Q & A:
- What exactly are podcasts and how can I put them on my iPod?Best solution by Yahoo! Answers
- Can an employer check my juvenile record?Best solution by masslegalhelp.org
- Can my employer withhold my final pay and vacation pay?Best solution by Yahoo! Answers
- What exactly can I do with Facebook mobile and how can I do it?Best solution by Yahoo! Answers
- Can my employer use lie detector or not? what about the law?Best solution by nolo.com
Just Added Q & A:
- How many active mobile subscribers are there in China?Best solution by Quora
- How to find the right vacation?Best solution by bookit.com
- How To Make Your Own Primer?Best solution by thekrazycouponlady.com
- How do you get the domain & range?Best solution by ChaCha
- How do you open pop up blockers?Best solution by Yahoo! Answers
For every problem there is a solution! Proved by Solucija.
-
Got an issue and looking for advice?
-
Ask Solucija to search every corner of the Web for help.
-
Get workable solutions and helpful tips in a moment.
Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.