Alabama Employee Rights

[MudMover]

Does anyone know where I can find what rights an employee has in the state of Alabama? Specifically, what can a prospective employer ask a present or past employer?

To give an example: A friend of mine was interviewing with a company (call it Company X). Company X asked what my friend didn't like about his present company (Call it Company Y). My friend informed them of a policy he didn't agree with. Company X called company Y and informed them that they had an employee saying this about their company...my friend was asked if he spoke to a rep from Company X...he said yes....Then they terminated him.

Alabama Industrial relations agreed with the terminating company...that he should not have said anything about his present company, even if it was an opinion.

Should he appeal his benefits?

[Pattymd]

Legally, there is no hardly any question an employer or prospective employer CANNOT ask, generally speaking. However, many questions are better left unasked if they could be interpreted as being discriminatory if acted upon.

What occured in this particular situation was unprofessional of Company X, in my opinion, but it was not illegal. Employers, especially in the same industry, know each other and talk. Your friend gave his opinion and there were consequences, unfortunately. He has nothing to lose if he appeals, but frankly, I don't see any point.

[MudMover]

The industry my friend works in is a small group....Does anyone know of any "blackball" laws to protect employees? Say if my friend finds out he's been blacklisted....what protection does the laws afford him?

Alabama's labor laws seem to benefit the employer and none for the employee. My friend is considering moving from the state....as he has lost faith due to the Alabama Laws.

[Pattymd]

There are plenty of rights for the employee, it's just that this isn't one of them. Unless such statements reach the level of libel or slander (and I admit that is not my area of expertise), there is no recourse for him. Some states are better than Alabama, but some states are worse; it's just in different areas.

[MudMover]

Actually the company did libel my friend...it's just their statements "sounded" better than his when it went to the unemployment board.

It's starting to really sound like Alabama is the "Heart of Dickme" rather than the Heart of Dixie. Sad to say...as I have a good job as an engineer...but I'm starting to even doubt this place.

Again: Is there any laws that protect an employee from being "blacklisted"?

I guess I could call the previous employwer as a prospective employer...but the laws would probably say that's entrapment.

[Pattymd]

Again, you're going to have to wait for someone who is more of an expert in this area; I'm not. It's a holiday. You'll probably get a response tomorrow some time.

[cbg]

Unless you are saying that the employer lied about what your friend said, no libel took place. Libel means FALSE statement. If your friend actually said what they say he said, that is not libel, defamation, slander, or anything else except the truth.

Should they have called and reported this? In my opinion, no, they should not. Have they violated any laws? No, they have not. Does your friend have any legal recourse? No, he doesn't.

[MudMover]

I won't post what actually happened as this may still go to litigation:

For example (very similar):

My friend stated he had an issue with a particular policy the company had...and that's why he was leaving. The policy was a "pay first then the customer provided service".

The manager..stated he told the interviewer that the company would not provide a customer service if it was an emergency condition and the customer owed money. Manager stated they do not perform that way...but yet in the employee handbook it states that.

Very specific...But my friend did not say that...but rather that he had an issue with the policy.

This brings up another question...since my friend still has the employee handbook....and the handbook is the property of the Corp....can he use that as evidence in the appeal?

[cbg]

I'm still not seeing anything for which he can take legal action.

Of the top of my head, I don't know why he shouldn't be able to use the handbook in the appeal, but I'm not sure how much good it will do him.