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  • POI
    started a topic HELP Hawaii

    HELP Hawaii

    I really need some help on this one please. Is it legal in Hawaii for a company to disclose to potential employers that they are not re-hireable? Reason being is that a company that I know of has a termination sheet that asks "Is this employee re-hirable?" If that employee leaves and applies with another company and list us as a previous employer and calls to verify, are we obligated to answer this question if asked? If so, will they need to specify reason?

  • POI
    replied
    thank you very much for the quick reply. I can now forward this message on to those that deal with this type of situations.

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  • ScottB
    replied
    Originally posted by POI View Post
    are we obligated to answer this question if asked? If so, will they need to specify reason?
    You are not obligated to answer. You do no one any favors by not answering the question. If you refuse to answer, and are consistent on not answering for all inquiries, you may cause some good ex-employees to lose out on job opportunities.

    No potential employer will question a Yes response to "eligible for rehire," but they should ask why for a negative answer. You might decline to go into details.

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  • cbg
    replied
    And Patty's answer is correct for all 50 states.

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  • Pattymd
    replied
    Yes, it is. It is a commonly held belief that employers can't say anything but name and rank when being asked for references. That is not true. They can say anything that is true or is honestly believed to be true, or is even honestly suspected to be true. On the other hand, you aren't "obligated" (at least under the law and under general circumstances) to answer any of the questions at all. OTOH, if you don't give, you don't get.

    Many employers have a policy of not rehiring anyone who quit, for example, which is perfectly legal.
    Last edited by Pattymd; 03-25-2007, 01:59 AM.

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