What Information Can Your Former Employer Legally Provide?

You’ve come through the job application process with flying colors and your prospective employer has told you they need only confirm your job references before making you that offer. You’ve heard that your references can only (legally) confirm your former title/dates of employment; you’re almost home free, right?

Not so, says Allison & Taylor Reference Checking. While legal and/or corporate guidelines may indeed state that only your employment dates/titles can be confirmed, countless job candidates have learned, to their dismay, that this policy is not always adhered to.

Despite the fact that the topic of job references is frequently addressed by state law, many references can – and very frequently do – offer considerably more commentary to a prospective employer than simply verifying your employment dates/title. As a result, many job-seeking candidates who expected a favorable (or at least neutral) assessment from their references unknowingly lose out on employment opportunities that are “torpedoed” as a result of a negative reference(s).

How do you know if one of your references is offering negative, wrongful, perhaps unlawful input about you to a prospective employer? Once identified, how can this negative input be addressed?

First, understand that any negative input a reference offers about you is not wrongful or unlawful per se. Negative input may be illegal – some categories include discrimination, defamation, retaliation, disparagement or sexual harassment. If a third party can document that a reference’s communication was wrongful, inaccurate, malicious and/or may fall under one of these categories, you may indeed have the ability – through an attorney – to pursue legal recourse.

In situations where a reference’s negative input is or is not unlawful but is restricting your ability to secure future employment, it can typically be addressed through the generation and transmittal of a Cease-&-Desist letter (again, through an attorney). Remember, unless required by law (and most states do not require that a former employer disclose information about your prior employment), former employers are not required to even respond to a reference request.

Cease-and-Desist letters are typically issued by the attorney retained to represent you, to the senior management of the company where the negative reference originated, alerting the management of the negative reference’s identity and actions. Typically the very act of offering a negative reference is against corporate guidelines, which normally state that only a former employee’s title/dates of employment can be confirmed. The negative reference is cautioned by management not to offer additional comments and – out of self-interest – will usually not offer negative commentary again.

If you’re unsure as to whether a negative reference is impacting your job seeking efforts, whom can you contact? Allison & Taylor, Inc. (www.allisontaylor.com), a reference checking service in business since 1984, will interview your reference(s) and document their input word-for-word. Approximately 50% of all reference checks conducted by Allison & Taylor uncover negative input from the reference; their report can be used for legal purposes or for the Cease-&-Desist letter described above.

A negative reference is likely to continue offering the same input to every prospective employer that calls unless you detect it and take steps to stop it. Job seekers can lose many opportunities before they realize what is happening. It’s never too early to identify – and address – a negative job reference.

Are you protected by your old company’s policy to only confirm the dates and title of employment?

Our experience is, that with a little pressure, most managers break company policy and speak their mind to either help or hurt a candidate’s chance at another job. Who from your past job will help you or hurt you – you need to know.

Click here to find out what is really being said about you.

Is your past boss badmouthing you?

50% of our clients have lost good job offers due to bad or mediocre comments from previous employers. Reference-Letters.com will confidentially find out what is really being said about you and give you the power to stop it!

Click here to find out how!

Interviewing well but not getting the job?

Maybe it’s something that a past employer or reference is saying. Could a jealous colleague be sabotaging you? Could your past boss be less than happy at your departure? Reference-Letters.com will help you find out.

Click here to find out how!

Do you have a separation agreement with your past employer? Is it being honored?

Is your past employer giving you the professional and prompt reference that was promised or are they saying, “Well according to our agreement I can only confirm that he worked here.” Reference-Letters.com will find out what is really being said and give you the power to enforce your agreement.

Click here to find out how!

Were you a victim of discrimination, sexual harassment or wrongful termination?

Your previous employers could be affecting your new job search through their comments to prospective employers. Don’t let them continue to hurt you and your career.

Click here to find out what is really being said about you.

Are you being BLACKBALLED?

Last year our clients were awarded more than $2 million in settlements. Reference-Letters.com will find out what is really being said about you and give you the power to stop it!

Click here to find out how!

You’ve put time and effort into your resume, developed your network of possible employers and recruiters, worked on your interview skills – but have done nothing but typed a list of your references. Don’t leave this crucial area to chance. References are the final factor in who gets the job offer. Your past employers – anyone you reported to will be contacted. Do you know what they will say? Reference-Letters.com will find out what is really being said about you.

Click here to find out how!