Matt S asked:
I am unaware as to how employment laws vary from state to state. I worked at a resort in Montana where even though I had been written up twice during a 6 month period progressed to fufill my contract, did a good job, and was never suspended or given any indication that I was not welcome back. I am aware that in many states employers doing refence checks ask about a previous employees rehire status. I assumed for over a year that I would get an outstanding reference since my managers have given me good refernces to companies I have applied with. I found out that human resources does not want me back however and I am certain that I have been denied many employment opportunities because of this. Do I have any legal recourse?
I am unaware as to how employment laws vary from state to state. I worked at a resort in Montana where even though I had been written up twice during a 6 month period progressed to fufill my contract, did a good job, and was never suspended or given any indication that I was not welcome back. I am aware that in many states employers doing refence checks ask about a previous employees rehire status. I assumed for over a year that I would get an outstanding reference since my managers have given me good refernces to companies I have applied with. I found out that human resources does not want me back however and I am certain that I have been denied many employment opportunities because of this. Do I have any legal recourse?
Tags: Employment Laws, Montana, Reference
If you sign a release statement that releases former employers from liability for information about you then they are allowed to disclose any truthful employment related information about you. They can not make up stuff about you, but they can give out information about you and your work for the company. Some may tell you that employers can only give out name, positions held, dates of employment, but that’s not true. Most employers will not give out a lot of information, but since you sign a statement to run a background check on you and release them from liability then they are allowed to do so. You could only go after them if they are saying things that are not true about you.
Not unless they are saying something that isn’t true. And by the way, good employees don’t typically get written up twice in 6 months.
I would agree with the other answerers in saying that as long as it is truthful, they can say what they please. The reference is being asked to provide their opinion on whether or not you would be a good choice for the prospective employer. They have every right to say no if they want to. Sucks, but true.