Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

What can I ask? California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • What can I ask? California

    When I'm checking a perspective employees previous employers references what can I ask and not ask and in turn when a ex-employee has a employer call me as a reference is there anything I should or should not divulge. As example I had a call from a company about a ex-employee who I had to let go after 3 warnings that he was using a company car for personal use. Should I say something when I was asked is there anything you can tell me about employee A?
    I have always just verified there length of employment and if they qualify for re-hire.
    Thanks, I did a search but could not find anything.

  • #2
    Legally, you can ask (and answer) pretty much anything that is true.
    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.

    Comment


    • #3
      Where would I find that documented? for California

      Comment


      • #4
        It's not that it's documented that you CAN, it's that there is no law that says you CAN'T.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Patty is correct though I do have this: A qualified privilege exists to communications concerning the job performance or qualifications of job applicants that are based on credible evidence and made without malice by an applicant's current or former employer at the request of the prospective employer. However, the privilege is lost if the statements are knowingly false. Qualified Privilege- Ca. civil code 47(c)
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X