What Information Can a Former Employer Legally Provide? Part 2

Last time I discussed the false assumption job seekers make that their past employers can only confirm your former title/dates of employment. But this is not the case. So how do you know if one of your references is offering negative, wrongful, perhaps unlawful input about you to a prospective employer? Once identified, how can this negative input be addressed?

First, understand that any negative input a reference offers about you is not wrongful or unlawful per se. Negative input may be illegal – some categories include discrimination, defamation, retaliation, disparagement or sexual harassment. If a third party can document that a reference’s communication was wrongful, inaccurate, malicious and/or may fall under one of these categories, you may indeed have the ability – through an attorney – to pursue legal recourse.

In situations where a reference’s negative input is or is not unlawful but is restricting your ability to secure future employment, it can typically be addressed through the generation and transmittal of a Cease-&-Desist letter (again, through an attorney). Remember, unless required by law (and most states do not require that a former employer disclose information about your prior employment), former employers are not required to even respond to a reference request.

Come back next time to learn more about Cease and Desist letters.

To find out how Allison and Taylor can help you visit www.AllisonTaylor.com.

 

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