References North Dakota

[kstop]

I have a question regarding references. Back in October, I got hurt at work. It was a back injury. For the first time in my life I was on workmans comp. Once my dr put me on light duty, I spoke with him and my workmans comp case worker about whether or not I wanted to go back to this place of employment because of the working conditions there. They both informed me it was my choice. Well because of the working conditions, I chose to seek other employment. Right away I did find employment. I went to job shadow one day, and in speaking with the supervisor, I had the job if I wanted it. All she would have to do is call my references. When she called my old place of employment, my old supervisor gave me a bad reference, and also told the new place of employment how I was on workmans comp. She also lied and told them I had missed 15 days of work. This is very untrue. I was informed that what my old supervisor did was against the law. Something to do with privacy. I was also told that when calling for a reference, they can only say yes or no to if they would hire a person back. I am not sure what to do or what my rights are here if any. Should I look into contacting an attorney or is this all wrong information given to me??? Thank you for your time.

[cbg]

You were given incorrect information. There is NO law ANYWHERE in the US that prohibits bad references or limits employers from giving anything but rehire status.

In all 50 states, an employer may give any information they choose to as long as it is true, they have a good faith belief that it is true, or it represents their honest and supportable opinion. The only limitation is that they cannot provide any medical information they may have on you.

What you were told is a myth. A widely believed myth, but a myth nonetheless. There is no truth to it whatsoever.

[ScottB]

Originally Posted by kstop

When she called my old place of employment, my old supervisor gave me a bad reference

Giving bad references is legal, within limits. If I did not like the way you worked, I could say so and would not hire you back. No legal recourse for you.

Originally Posted by kstop

and also told the new place of employment how I was on workmans comp.

The disclosure is not illegal. A good background check would reveal any workers comp claims. The prospective employer should not consider this as part of the decision to hire you. The problem is showing that it was considered.

Originally Posted by kstop

She also lied and told them I had missed 15 days of work. This is very untrue.

You can get HR/Payroll to substantiate how many days of work you missed. If it was more than a couple, aside from the WC problem, don't bother. If ALL absences were solely the result of WC, DO bother!

Originally Posted by kstop

I was also told that when calling for a reference, they can only say yes or no to if they would hire a person back.

Not true at all and the re-hire question is virtually meaningless without knowing the reason for a no re-hire.