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MASS G.L. employer referances???

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  • MASS G.L. employer referances???

    A friend was recently fired from a large company, she worked and lived in MA but the company itself and corprate offices are based in Fl. The reason she was terminated being that her general manager in MA accused her of stealing although there is no physical proof, other then missing money, she was not the only one on the shift, but the only one terminated. I don't believe there was ever a police report filed. She has been on what seems to be an endless job search and also trying to collect unemployment. Not one of the jobs that she has applied for has responded. Her unemployment officer called to deny her unemployment based on the fact they called the corprate office in florida and they told them she was terminated for theft. Now knowing this she wonders if because she put the management co. and the office # in Fl. as her past employer and as reference of employment if they have been telling possible employers the same Terminated for theft. Without physical evidence is there anything in MGL that prohibits that kind of info? and if so is there anything she can do? And also where could we find the law itself?

  • #2
    If she is not being invited to come in for interviews, the odds are astronomically against the past employer having anything to do with it. The job market in MA is still pretty tight; employers are receiving literally hundreds of applications for every opening. Employers do not have either the time or the resources to check references on applications until they have already conducted interviews and decided on their top candidates.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      thanks, just wondering if there is any law on refrences coming from employers this is the main question and debate that started this search

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      • #4
        The only MGL I know of that limits information that can be provided by an employer applies only if your friend worked for a hospital, convalescent or nursing home, a home health agency or a hospice program.

        In general, employers are allowed to provide any information that is true or that the employer honestly believes is true.

        In any case, as indicated above, it would be one thing if she were being called for interviews and then not getting the job, but if she is not being called for interviews at all the odds are about a million to one against her past employer having anything to do with it.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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