I would like to know by South Dakota law during the interviewing/pre-employment process what a past employer can and cannot say about you to a potential employer. Also, in most applications a waiver is signed-by the job applicant releasing every one of wrong-doing and the like. Does this have an impact on what a past employer can and cannot say? Is it recommended that you select "No" when asked on an application "May we contact your current employer/past employer(s)"?
I have gotten different answers from friends, family, and others that they can say very little while others anything. I would like to know my rights regarding this. I am tempted to put "No" on contact of past employers but have been told to put "Yes" by others. I like to be honest and forthcoming but do not want to hurt my employment opportunities.
I am wondering if one or more of my past employers maybe giving me a bad reference or saying something to hurt my chances of employment. I am concerned about being defamed or unrightfully spoken ill of. I have had bad experiences in past employment experiences with bosses and working conditions and left after a short time of being employed. I am tempted to have a friend call my past employers to see what they would say. Is there a better way to go about this or service that is recommended? I am looking for employment now and want to know that this is not a factor in not getting call backs-or to know I am just worrying for nothing. I greatly appreciate any input or assistance in this matter! :) :)

An employer may legally say anything that is true, that they have a valid and supportable belief is true, or that represents their honest opinion. This remains true unless there is a binding and enforceable contract that says otherwise, regardless of any waivers.

While checking No to contacting current employers is understandable and expected, checking No to contacting all past employers would raise a MAJOR red flag with prospective employers. If I had an application come across my desk that said No to contacting all former employers, I would immediately place that application in the do-not-hire pile.

We cannot recommend services here. There is nothing wrong with having a friend call. Note, however, that you would only have legal recourse if the employer is saying something that is FALSE, as opposed to offering an opinion you do not agree with.

Example: "We think Joe did a lousy job on the Johnson account" is legal since it represents an opinion, even if you think you did an excellent job on the Johnson account, and even if the Johnsons' agree with you. (In which case, I would recommend listing the Johnsons as a reference!).

"We fired Joe for stealing" is actionable (unless you actually were fired for stealing) since it is not true that you were fired for stealing.

I would also recommend that you let prospective employers know UP FRONT that your references might be less than stellar, and why. Example: "Due to a personality conflict with my manager I left XYZ Company on less than favorable terms, and that might be reflected in my references". There is nothing a prospective employer hates worse than being blindsided. Besides, doing it this way gives you the chance to put your own spin on the situation first. However, DO NOT badmouth previous employers, no matter how much you may think they deserve it. That only makes them wonder what you might someday say about them.

Good luck.

I am questioning if a past employer can say anything to a potential employer if you were harassed/teased at their place of employment and if they can say anything regarding what you were teased and harassed about. (or about you at a personal level) I question this because the reason for teasing/harassment in the work environment which was of personal nature and false. I left because of these conditions and my boss knew it was going on, did little/nothing about it, and had a small part of it. I fear that for reporting it during my employment in retaliation they are giving me bad reference or telling potential employers of this situation opening it up for future behavior and harassment/teasing at new places of employment. I am suspecting this has happened due to this teasing/harassment continued at new locations I had worked for after that position. Can I put someone else down other than that immediate boss/location that I question? I have no way of knowing or proof of what is said during the pre-employment check. (Potential employers will not say why you were not hired) If I suspect one employer of bad reference is it recommended I put “No” in an application? I question if it worth seeking services in way of an internet company doing a background check other than friends calling and checking and not legal services. Are these worth the money/time and do you find out anything other than dates of employment on them? I have not been fired by any job-but have given 2 week notices always. I have just had bad luck picking bad jobs and did not want to stay. I left because of working conditions and treatment. I would like to know how to write that or state it in applications or if I should say anything to potential employers? I do not want it to be opened up for past employers to say something as well. I currently write working conditions and wanting to leave factory work conditions as reasons to put a positive light on it. I thank you for your time, effort, and quick response, and great insight that you have given me! Thanks a million! :) :)

You do sound somewhat worried. I wouldn't worry myself to death over this issue. Although, in most states employers are "Permitted" to give detail about a prior employees work ethic, behavior etc.. Most will stay away from details of that nature. Keep in mind, most frequently asked questions when verifying job references...dates of employment, Position with the company, last day of work. Companies don't normally revel weather or not you resigned or were asked to leave. The only time the prior employer may give that information is if they feel something you did at their company may pose a potential risk to the potential new employer. A potential risk could be(ex: Gross misconduct, harassment, violation of company policies, accusations of theft, Overusage of the Technology resources(Internet). These issues can subject the new employer to "Negligent Hiring" claims some time in the future.
In addition, there are ways around verifying certian references. Other helpful hints, if you plan to use employment, recruiting services to assist you in your new job search, stay away from recruiters that you may have used in the past two years. It is a likely scenario that your former employer may contact the agency and tell them not to re-recruit you, if they are contacted. That is assuming you used a recruiter for the job that you just vacated.

I would not have friends contacting my prior employers at this point. It is pointless. Especially since you never know who you will get on the phone at the prior company. Some people will tell more detail than others. Until the time comes don not worry. Things have a way of working out. In my experience new potential employers look at the following prior to hiring:

1. Good Interviewing skills.
2. Confidence in ones abilities.
3. Sincerity and organizational skills.
4. Dress code.
5. Close the interview (Critical)..

Backround checks normally include:

1. Credit Bureau report.
2. Complete backround Check ( inc-Criminal check, Civil Judgements, Motor Vehicle reports, Verification of address or residence).

References:
1. Sometimes will check one Personal reference (non work related).
2. Prior employer.
3. Some will ask for verification of income from prior employer.

Hope this helps. Good Luck..

Forgot to add- No I don't feel this is why you are not getting call backs.. Remember the summer months are slow.. Normally, employers will resume the hiring process after Labor Day. I have a Masters degree and two summers ago I was looking for a career change.. I actively sent resumes from May until the middle of August. On received two calls within the period. The first week of September I was amazed at the responses I began to receive. Go on every interview even if it is not exactly what you want..

Thanks for your advice-I hope that it is the case of slow to hire summer time season. I just question some of a worker's rights and what can be said. It would be nice to know what is said to defend, deny, or to give detail to situations pertaining to what is attributed to your work ethic, behavior, potential risk to the potential new employer such as gross misconduct, harassment, violation of company policies, accusations of theft and the like. It good to know other people have dealt with the same thing and that I am not alone on feeling this.
Thanks a million for the advise-great input-best wishes!

(Worker USA) Remember do not worry!! I know you may be upset about the loss of income. Your health is more important, no job is worth destroying your well being. You sound like you have a good head on your shoulders I am sure you will find work. I know you are concerned about what the employer may say if called for a reference. I may be able to help you if interested). I could possibly at least find out what your former employer is saying about your tenure ( not by calling them).. If interested I can send you my contact information. Keep your chin up. Wishing you all the luck and future success..

Dolly

Thanks again for the words of wisdom and encouragement! I think I will give it some time-be more selective in my job selection. Got 2 leads-hope something comes soon. I am not sure what tenure is and what kinds there are-or where one could check on their own-may be interested in this-thanks!