Is this legal?

[Allison]

I thought it was illegal to tell the reason for termination of employment. I know in the State of Florida, an employer is only allowed to say that "yes, this person worked from such and such date" or "no, this person did not work for the company".

Seems like the former boss stayed within her "legal boundaries" but still caused her to loose the job. Only if the boss was listed as a reference (which I highly doubt), could she give her personal opinion of the OP.

Usually most applications have a question of may we contact this employer. Just check no. My aunt's resume has one job listed as "bookkeeper for car loan company - name withheld". It was a really bad job, really bad boss, but it still shows she was working in her field.

They did not tell a reason. They lied and said she was never employed.

 

[Disney Doll]

My husband is a manager and basically all he can say is "Yes, so and so worked her from X to Y". I do not believe thay are entitled to withold that information. They also cannot say why soemone is no longer employed, although I firmly believe that most places figure out some way to say it without really saying it.

Start with the Dept.of Labor. Explain your situation...the whole thing. See what they say. Then get a lawyer if necessary.

With regard to interviewing, I would tell potential employers that your previous company has a reputation for denying that employees ever worked there when contacted, so you have brought along your W-2 for their review as proof that you did indeed work there. I wouldn't necessarily stop them from calling your previous employer...could get you more ammunition....but head it off by telling them up front that there's some shadiness going on.

 

[wnissen]

I am not a lawyer, but the two fundamental criteria for defamation (including both libel and slander) are "willfully false," and caused actual injury. Talk to a lawyer. Don't wait. Get everything in writing. What your previous employer did was to make it seem like you had fabricated the job on your resume. Though, if the new company still won't hire you even after you've explained the situation and given written proof (like your original offer letter and W-2s), you probably didn't want to work for them anyway.

The only thing I would be careful with is getting your prospective employer involved in this. It's unfortunate, but companies will avoid hiring anyone they perceive as too zealous in defending his or her rights in court. It's not fair, but that's the way it is. Being matter-of-fact is the way to go. "My former employer has decided to deny that I ever worked there. Here is a copy of my offer letter as well as six months of W-2s for your reference." Just leave any lawsuit or DOL action out of it.

Good luck!

 

[charming23]

did you provide a valid note dr note to the previous job?

Yes I did and that was part of the investigation that the state of Ohio did when I filed for unemployment. They even got the medical records from my visit to the ER and spoke directly with the doctor there and my own physcian whom I went to the following day for a check-up. Everything I did was legal but she claimed I forged it because it was during our busy week and she did not like it when people were not there.

I called the Department of Labor and was not shocked to learn that they are investigating the company. The lady in the office took down my name and number and said that they would call back with any questions.

I found out today that this has happened to more than a few former employees there. I am in contact with the ones I personally know to see if they want to do anything together. I think if we all went into the owner and told him, it would be more believeable to him rather than just one person going in.

Thanks for all the replies. I appreciate all the feedback.

 

[SandrA9810]

They did not tell a reason. They lied and said she was never employed.

Exactly, which she knew full well that would hurt the OP's potential job. She couldn't say "yeah, fired her for going to the doctors" or "she's a habitual liar" and other slander to hurt the OP. They're not allowed to say why a person was let go.

Both HR departments know how to ask and what kind of answers that can be given. So even if the former HR was lying, the new employer wouldn't know that.

 

[Arielle22]

That's not even what she's asking about. She's asking if it is illegal for her previous employer to say she never worked there - remembering her and flat out lying (including an HR worker) is different.

OP - in future interviews I would just advise them that you've had a history of your previous employer telling future employers that you no longer work there and you would be happy to provide a W2 or pay stubs if necessary and leave it at that.

How about this, I have worked in HR for 11 years and never heard of it being illegal. I have never heard of a lawsuit filed (not to mention filed and won) with similar circumstances.

 

[Arielle22]

I thought it was illegal to tell the reason for termination of employment. I know in the State of Florida, an employer is only allowed to say that "yes, this person worked from such and such date" or "no, this person did not work for the company".

Seems like the former boss stayed within her "legal boundaries" but still caused her to loose the job. Only if the boss was listed as a reference (which I highly doubt), could she give her personal opinion of the OP.

Usually most applications have a question of may we contact this employer. Just check no. My aunt's resume has one job listed as "bookkeeper for car loan company - name withheld". It was a really bad job, really bad boss, but it still shows she was working in her field.

No state has a law restricting a reference check on a former employee. A former employer can say whatever they believe to be true. So they could legally say chariming23 was fired because we suspected her doctor's note was forged.

Exactly, which she knew full well that would hurt the OP's potential job. She couldn't say "yeah, fired her for going to the doctors" or "she's a habitual liar" and other slander to hurt the OP. They're not allowed to say why a person was let go.

Both HR departments know how to ask and what kind of answers that can be given. So even if the former HR was lying, the new employer wouldn't know that.

Yes the former employer could say charming23 was fired for being sick during our busy period. Again, a company can tell whoever they want the reason they let a person go. They could post it on a billboard if they wanted.

By contrast, there have been a couple of cases where a former company was sued because they didn't disclose problems with the employee that would have lead to the new company not hiring the person. I don't have the link to the case but it was a nurse who was fired and moved along to another hospital. The first hospital had suspicions but didn't say anything. After the nurse was convicted the second hospital sued the first hospital and won.

 

[ccgirl]

In MA, they can confirm if you had worked for a company and if you are eligible for rehire. If you were fired, you would not be eligible for rehire so most companies would pass you over for that.

BTW, at your next job interview when they ask if they can contact your previous employer I would say no because they are currently under investigation by the Dept of Labor. Do you have someone there that can provide you with a reference though?

Good luck.

 

[Arielle22]

In MA, they can confirm if you had worked for a company and if you are eligible for rehire. If you were fired, you would not be eligible for rehire so most companies would pass you over for that.

BTW, at your next job interview when they ask if they can contact your previous employer I would say no because they are currently under investigation by the Dept of Labor. Do you have someone there that can provide you with a reference though?

Good luck.

CCgirl, this is wrong. There is no law in MA or any state which restricts what a company can say.

 

[JustCallMeMommy]

In almost all cases, it is company policy not to give out information other than employment dates and rehire eligibility on a former employee, rather than a law. The policy is intended to keep a former employee from having a case to sue the company for slander or libel and seeking compensation for damages to their career. Also, many companies use a third party company to confirm employment dates rather than having the individual managers field these calls to eliminate some of the personal junk like this.

Honestly, I think the OP has a legal case, and I am not one to sue for no reason. This former employer just cost the employee potential income by telling a lie (that the employee never worked there).

 

[Ceila]

How about this, I have worked in HR for 11 years and never heard of it being illegal. I have never heard of a lawsuit filed (not to mention filed and won) with similar circumstances.

Lying about a previous employee's employment history is slander and is most certainly illegal. However, proving it in a court of law would be challenging. Just because you haven't heard of a lawsuit against a practice does not make it legal.

 

[Allison]

How about this, I have worked in HR for 11 years and never heard of it being illegal. I have never heard of a lawsuit filed (not to mention filed and won) with similar circumstances.

Have you seen it discussed at all. Actually lieing about someone ever being employed? I would think there is some kind of culpability.

Hopefully you have worked for companies who would not consider such unethical behavior.

 

[LilyWDW]

CCgirl, this is wrong. There is no law in MA or any state which restricts what a company can say.

There may not be laws... but most companies will cover their butts by restricting what their managers can say when they are called. All companies I have worked for could only answer two questions. One, did the person work there for the dates provided? Two, are they eligible for rehire? One company did allow use to answer why they could not be rehired but we had to be sure to give an 'official" reason (abandonment of job for example).

The second question is a way to warn the next employer without opening yourself up to lawsuit. Saying a person can not be rehired is saying "They messed up and were fired because of something they did that was against company policy."

 

[Kat77]

Lying about a previous employee's employment history is slander and is most certainly illegal. However, proving it in a court of law would be challenging. Just because you haven't heard of a lawsuit against a practice does not make it legal.

Yes. This is most definately illegal (atleast it is in Texas). I would contact the employment commission or whatever it's called in your state and consult a lawyer.

 

[ccgirl]

CCgirl, this is wrong. There is no law in MA or any state which restricts what a company can say.

Okay, guess it was just the practice then of the HR department of the very large Corporation I used to work for as well as all of the other companies I have worked with/for.

 

[tvguy]

Couldn't this be considered slander? What the company representative said was factually untrue and caused harm to the OP.

My wife and I work for national corporations and it is official policy at both that they do not discuss current or former employees. There is no law saying a former employer has to confirm or deny that someone worked for them. A former co-worker told me her new company called our HR to confirm her employment, and they were told "we are not allowed to confirm or deny if someone has worked here"....and then HR hung up on them.

A previous employer of mine was so concerned about being sued that you could be fired for even writing a letter of recommendation for a former co-worker.

 

[LilyWDW]

My wife and I work for national corporations and it is official policy at both that they do not discuss current or former employees. There is no law saying a former employer has to confirm or deny that someone worked for them. A former co-worker told me her new company called our HR to confirm her employment, and they were told "we are not allowed to confirm or deny if someone has worked here"....and then HR hung up on them.

A previous employer of mine was so concerned about being sued that you could be fired for even writing a letter of recommendation for a former co-worker.

That is true as well. They do not have to say you ever worked for them. However, they can not say you did not work for them if you are going to answer. Either you answer with the truth or tell them you can not confirm or deny.

 

[OceanAnnie]

This is an interesting tidbit:

"...A second related Hub will explain suing a former employer for retaliatory discrimination. In brief, can sue for defamation if:

1. Your former (or current) employer says untruthful things about you;
2. To a company where you have applied to work;
3. The company where you applied would have hired you had your ex-employer not said untruthful things about you; and
4. You lose out on income as a result."

http://hubpages.com/hub/Employee-Rights-Can-I-Sue-My-Former-Employer-For-Giving-Bad-References

-----------------------------

It is untruthful to say you didn't work there when you did. There should be a recourse. I would be surprised if there isn't.

 

[tvguy]

That is true as well. They do not have to say you ever worked for them. However, they can not say you did not work for them if you are going to answer. Either you answer with the truth or tell them you can not confirm or deny.

I agree saying you can not confirm or deny they worked there is the best answer, but I doubt there is any law prohibiting them from denying you worked there. It might fall under "confidential business information"

 

[manning]

In almost all cases, it is company policy not to give out information other than employment dates and rehire eligibility on a former employee, rather than a law. The policy is intended to keep a former employee from having a case to sue the company for slander or libel and seeking compensation for damages to their career. Also, many companies use a third party company to confirm employment dates rather than having the individual managers field these calls to eliminate some of the personal junk like this.

Honestly, I think the OP has a legal case, and I am not one to sue for no reason. This former employer just cost the employee potential income by telling a lie (that the employee never worked there).

That is true. A good HR person would know that.