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Potential contractor threatens to file suit. Help Please. Indiana

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  • Potential contractor threatens to file suit. Help Please. Indiana

    After having received an application from a potential contractor, I check with some of his former co-workers as to his work ethic and sales production. I recieved some information that lead to me not contracting him. He now says

    "It was stated at the bottom of the resume I sent you, "references available upon request." Therefor, you had no references to check. The only information you could obtain regarding a decision making process is from personal references that I provided you with. In which, I did not. Since you went to outside references that I did not provide you with, regarding myself. You have actually broken a confidentiality law yourself. I understand that the position I applied for held the title of independent contractor but, I also understand that %*%#[email protected]$% is still a company that you are representing. In which, the Indiana state and federal laws still pertain to. If you wish, I can continue all further dialog regarding this matter to Your attorney. I just thought that I should provide you with my plans regarding the course of action I will be taking. "

    Does he really have a case or is he using a scare tactic. The information received from the co-workers was totally work related, and was not on a personal note.

  • #2
    Scare tactic, or possibly he actually believes himself. But, there is no law against speaking to people that know someone to determine if you want to have a business relationship with him. The concept that a potential employer or business associate can ONLY talk to references provided by the applicant is ludicrous. I would ignore this and any farther communications from him.
    Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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    • #3
      Thank you

      Thank you for your answer. I have told him direct all further communications to my attorney. Hopefully, this thing just fizzles out.

      Comment


      • #4
        The guy is full of crap. As Scott said, there is no said confidentiality in asking around.

        That guy ain't gonna last in contracting.
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

        Comment


        • #5
          Thank your lucky stars you didn't hire him and go on with your life. This guy is either highly delusional or just plain making stuff up. If he contacs you again, simply tell him that his attorney needs to contact your attorney as you are not going to discuss the matter with him any further.

          For the record, you can contact anyone you wish with or without his permission in all 50 states. You may discount him as a candidate for any reason not prohibited by law. Being a jerk is not protected by law.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Thank you

            I appreciate all the great answers. I spoke to my attorney today and she informed me the same thing. I am allowed to ask everyone and anyone about the potential contractor. That would be like a home builder saying I couldn't ask other customers of his how the homes were. After thinking about it it doesn't make any sense what he's saying. I'm fairly new to owning a business and was afraid I had possibly done something wrong. Again thanks for all the help.

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            • #7
              In the future I'd avoid running into this problem all together and not tell the contractor or candidate that you decided against them due to references. I'd stick with something generic like, "We found another candidate who better suited our needs" if you say anything at all.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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