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Privacy rights South Carolina

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  • Privacy rights South Carolina

    I need some clarification on any rights I may have as an individual and ex employee. To make a long story short. I was employeed for a long time (+15) with a very popular company in our community. While I was employeed, I did job hunt because of uncomfortable conditions with employer. It was no secret I was seeking other employment. Well I was terminated and the HR person calls this company that I was seeking employment with and tells them all about why I was terminated. Is there not some right to privacy that I have to be protected from this sort of harassment. They have no right to call people that I interview with and tell them why I left. Do I have any rights, or do I have to move to another state to become employed again.

  • #2
    Originally posted by mycandyshot View Post
    They have no right to call people that I interview with and tell them why I left.
    So long as what they said was true, they can do that.

    Why would they bother?

    I wouldn't but for the bad ones that were trying to work for my friends.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      I was informed by another HR from another company that they are to only confirm hire date, fire date, and job title. So what is correct?

      Comment


      • #4
        There are no laws limiting employers to disclosing only dates of hire, job title and pay.

        Some companies have adopted such policies. Worse, some of those expect to get complete references while refusing to reciprocate.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Originally posted by joec
          I would contact an attorney the state law is a little vague:
          I see nothing vague about it and I see no way that you can justify any visit to an attorney because an employer relayed truthful information without being requested to do so.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            The new employer did not call the past employer for information. I could see if the new employer were to call and ask for some information and the subject came up and I was discussed, but the previous employer heard I was offered a Better and more paying position and they brought it upon themselves to call and try to get the offer taken back. This has happened two different times over the past four months. The first job I turned down myself, then found out later that previous employer made the call to have the offer taken back. The same thing happened again today.

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            • #7
              I agree with joec due to S.C. Code Ann. 41-1-65. Employers have immunity from civil liability when supplying dates of employment, pay level, & wage hx about current or former employees to prospective employers. Immunity also is provided when employers respond in writing to prospective employers supplying the following information: 1) written employee evaluations; 2) official personnel notices that record the reasons for separation; 3) whether the employee was voluntarily or involuntarily released & the reasons for separation; and 4) info about job performance. Immunity is lost when employers knowingly or recklessly release false info. Employers aren't required to give references.

              Also blacklisting is prohibited in SC.
              Last edited by Betty3; 09-12-2007, 05:00 PM. Reason: add info
              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.

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              • #8
                joe- re the blacklisting this is the info I have: Rhodes v. Granby Cotton Mills, 87 S.C. 18, 68 S.E. 824 (1910) & Parker v. Southeastern Haulers, Inc., 210 S.C. 18; 41 S.E.2d 387; (S.C. 1947) (It was in some 2007 employment law info I have on SC) Betty
                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.

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                • #9
                  OK, something really doesn't jive here. A former employer could call me and rant and rave about how awful a former employee was and it wouldn't make on whit of difference in my offer of employment unless the details shared were such that it would affect their new employment. Finding out that someone I hired as an accountant was let go for embezzlement at a previous employer comes to mind. Hearing that an employee is being investigated for child abuse when they were hired to work in a school is another.

                  What did your former employer say about you, why were you terminated and was it true or what they believed to be true?
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    First I worked there nearly 20 years with NEVER one write up, Never one trip to the office about anything. Several promotions during length of service.
                    What I was accused of was later found out to be untrue after being terminated for three days. re-Employment wasnt offered, but I wouldnt have taken it anyway.
                    My new employer didnt call asking them anything. One person took it upon themselves to call not one employer, but two.That is something I dont understand. Why would you do that to someone who was proven innocent. I dont plan to move out of South Carolina to find another way to support myself.
                    I could see if they were protecting themselves or another company and I was guilty, but come-on. Why harass someone that is innocent?

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                    • #11
                      If your new employers didn't call for a reference, how did your formner employer know who to call? Did they just pick up a phone book and start dialing? Why would the new employer even listen to or care what unsolicited information came in after you were hired? It just doesn't make sense. Unless the prior employer was stating things that were not true and they knew were not true, such as you had been found guilty, it isn't illegal. It certainly doesn't violate any privacy laws.
                      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                      Comment


                      • #12
                        Originally posted by ElleMD View Post
                        If your new employers didn't call for a reference, how did your formner employer know who to call? Did they just pick up a phone book and start dialing? Why would the new employer even listen to or care what unsolicited information came in after you were hired? It just doesn't make sense. Unless the prior employer was stating things that were not true and they knew were not true, such as you had been found guilty, it isn't illegal. It certainly doesn't violate any privacy laws.
                        Evidentally my previous post wasnt read. I will seek a lawyer on being blacklisted and slandered from something that isnt true. There is protection somewhere from people spreading non truths about you. Isnt that what slander is? I only put privacy law in there for lack of knowledge on other laws. Any way, thanks for any input that was posted. I am sure I will be advised by an attorney. I am not going to have one person keep spreading stuff about me that was proven untrue and the same person to keep trying to cause me unemployment grief.

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                        • #13
                          It was no secret I was seeking other employment. Well I was terminated and the HR person calls this company that I was seeking employment with and tells them all about why I was terminated.
                          You only mentioned that the old employer told the new employer the circumstances under which you left, not that they were deliberating calling the new employer and spreading lies. I can't read your mind to find out what you really meant. If that is what is happening, then yes, a lawyer would be your best bet.
                          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                          Comment

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