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Verification of Employment in NYS

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  • Verification of Employment in NYS

    In NY are there guidlines to what a former employer can say if they are called to verify work history? I was told by my HR person (I'm still employed by this company) that she will only verify dates of employment and job title if I'm let go, or if I leave on my own. But I know of another coworker who was let go, when somebody called to verify her employment they were directed to her supervisor instead of HR. The supervisor said several negative things about her. What can I do to prevent this from happening?

  • #2
    You can't. Contrary to popular belief, no law in any state makes negative references illegal and no law in any state limits an employer to providing dates of employment and job title. If you earned a negative reference, it is perfectly legal for them to give you one. The employer is permitted to provide any truthful information or any information that they honestly believe to be true.

    If the information provided is false (not an opinion that you do not agree with, I mean factually untrue) you may have some recourse then. An example of factually untrue information is, We fired Joe for stealing, when Joe quit. However, We did not think Joe did a very good job on the Johnson account, is protected opinion, even if Joe thinks he did a fantastic job on the Johnson account (and even if the Johnsons agree).
    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.


    • #3
      Does this apply equally to a state agency/school district?


      • #4
        Yes, it does.