• Maggoty@lemmy.world
    link
    fedilink
    English
    arrow-up
    7
    ·
    10 months ago

    In the US, that’s straight up illegal unless they write you a reference separately. When the hiring company calls they can only give the legal answers.

    Also, you could just write that letter yourself and have a friend be your ex boss. The rules are meaningless and the points are made up.

    • drphungky@lemmy.world
      link
      fedilink
      English
      arrow-up
      3
      ·
      10 months ago

      It is not illegal to call and talk about you with a reference that you gave them - that’s the whole point of a reference. Separately, yes, calling a former boss may only get the prospective employer answers like “they worked here and are eligible for rehire”, but that’s usually a human resources policy to avoid a costly, but ultimately winnable if you only tell the truth, lawsuit. It’s not illegal for a former boss to shit on you if you were shitty, and it happens all the time at smaller firms, in small industries, or small towns.

      • Maggoty@lemmy.world
        link
        fedilink
        English
        arrow-up
        1
        ·
        10 months ago

        Why in the name of Murphy would you give them a bad reference?

        This is explicitly an issue with employment verification and there are very clear legal boundaries there. Your revenge fantasy does not apply to reality.

        • drphungky@lemmy.world
          link
          fedilink
          English
          arrow-up
          1
          ·
          10 months ago

          What on earth? I don’t know why you’re trying to make me out like I have a revenge fantasy. Did you read anything I wrote?

          Again, what you’re saying is wrong. It’s not illegal. Show me a law where telling the truth about someone is illegal. It’s not illegal in employment verification, and it’s definitely not illegal for a reference which is what you were talking about about, and does not need to be some separate written document. As I wrote, it is a common HR policy to not give feedback to avoid a costly but ultimately winnable lawsuit, always in the case of truth and often in the case of opinions: https://www.findlaw.com/employment/hiring-process/is-a-former-employer-s-bad-reference-illegal-.html#:~:text=Legal actions based on misstatements,employee to a potential employer.

          It’s a common misconception, so totally understandable, but if you’re going to be very wrong don’t be a dick about it.

          • Maggoty@lemmy.world
            link
            fedilink
            English
            arrow-up
            1
            ·
            10 months ago

            Because you seem hellbent on finding a way around the law. HR departments don’t do more than dates, rehire eligibility, and character of termination specifically because of legal liability.

            So who am I going to believe, the guy saying you can shit talk whoever you want, or the professionals who do this every day in a legally safe manner?