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What legally can an old employer saying... New York

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  • What legally can an old employer saying... New York

    I was wondering if anyone knows what legally an old employer can say when a new employer or potential new employer calls to do a refrence check. i have been trying to get a job but have no luck and i think it has something to do with my last job and how i was wrongfully let go for something i did not do. does anyone have any advice?

  • #2
    There are no specific laws about this. The employer is free to tell the truth as they see it.
    If you were terminated for suspicion of theft (for example), then the employer may tell a perspective employer that even if you were never found guilty or charged
    .
    Wrongful termination has a specific meaning under the law and does not mean you were terminated for something you feel is unjust or didnt do.
    Wrongful termination is being terminated specifically because of a protected characteristic such as gender, race, age, religion, national origin etc.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #3
      Yes, but my question is that if my old employer just does not like me and is going around saying bad things how do i protect myself and get a new job?

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      • #4
        First of all, do you know that the employer is saying something bad about you or do you just think that?

        Let me give one of my experiences. We were party to a lawsuit by a former employees. One of the things she alledged was that we were keeping her from finding other employment by giving out negative information about her.

        When the details of the suit arrived, none of the companies that we were supposed to have given negative information to had ever even called us about her. I know because I do all the verifications and I keep a log.

        I dont know why she wasnt getting hired elsewhere but there are thousands of reasons why people dont get jobs that have nothing to do with negative info by a former employee.

        If you know for certain that negative information was given out, thats another issue.
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson

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