Kimbo
Lv 4
Kimbo asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Is it illegal in the state of Texas that when an potential employer calls a previous employer...?

and the previous employer gives a very bad description of why the employee would not be hired again. I was under the impression that they were only aloud to say if they were eligible for rehire or not...

Update:

Joe C... before you rant about Freedom of Speech it would might be wise to know the whole situation and to who/what it is regarding.

Update 2:

Thanks for all of your help! Extra thanks to the ones that weren't accusational

10 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    your right...most places have a policy in order that they can only state the dates the person worked for them and if they are eligible for rehire or not. they cannot rant and rave about what kind of employee they were...that is what letters of recommendation are for.

  • geegee
    Lv 6
    1 decade ago

    You are right, they are not supposed to say anything other than that you did work there for however long & I think, they can answer the question, if asked, by the new potential employer, would you hire them to work for you again, they can answer yes or no, but give no reasons if it is a no. I may be wrong about the legality of even asking that question, but I do know that it is asked by potential employers.

  • 4 years ago

    I hereby give consent to xxxx to contact the above referees AND my previous employers for collection/verification of my employment-related info The statement above means that they have your permission to contact BOTH your reference contact AND anyone else in that company that they want to. That doesn't mean they definitely will, but they can, and since it only takes a few minutes and a phone call, no reason at all for them not to do so.

  • 1 decade ago

    Generally, the previous employer is free to offer his/her opinioin of your work and suitability for employment. Generally, employers don't do that because they don't want to be sued for slander for what they say.

    But generally, a previous employer cannot be successfully sued for slander for offering an opinion or making true statements of fact.

    So--they could say: Joe would not be hired again because we didn't like his attitude. Or: Joe would not be hired again because he called in sick every time the Red Sox were in town. If that's true, they can say it.

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  • 1 decade ago

    Nope, not at all. What you are under the impression of is false and personal policy. An employer is free to say aything that is truthful or honest opinon including relating the reason you were fired or terminated, even if it is false but the employer has reason to believe it is true.

  • 1 decade ago

    In my opinion its a misnomer that the employer can only give x, the real question becomes do you have a cause of action for a tort suit either slander, or maybe tort interference, which

    talk to a employment lawyer to see if you have a cause of action

  • 1 decade ago

    Actually it is quite legal as long as everything they say is true to the best of their knowledge. Why do you think they ask for information about previous employers on applications?

  • Laredo
    Lv 7
    1 decade ago

    It's not illegal in any way. If you were fired or if your old employer wasn't satisfied with your work, he has the right to answer all questions regarding your work history with his company.

  • 1 decade ago

    They cannot slander you, which means lie about why you were fired, but they can tell all the truth that they want.

    If they slander and you intend to do something about it, you will have to have a very airtight case though to get anything done.

  • 1 decade ago

    Its legal, next time do a better job and the employer will give you a good reference

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