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> I'd most likely hire a lawyer and sue you. This is America so anyone can sue for anyone for anything but what exactly do you think the grounds would be for a

> I'd most likely hire a lawyer and sue you. This is America so anyone can sue for anyone for anything but what exactly do you think the grounds would be for a suit? I won't call without your consent, I have no intent to cause you harm, if the reference calls go well you'll even likely get a job offer.

magduf 8y ago
>I won't call without your consent The way you wrote it, it seemed you were going to just call the employee's current manager. I would NEVER give you consent for that. I don't know what kind of screwed-up industry that would ever be the norm in. Doing this is grounds for a lawsuit because it will most likely result in termination of the employee from his current job. >if the reference calls go well you'll even likely get a job offer. That's a big "if". The reference call almost guarantees the person will lose his current job. As for the grounds for the suit, getting someone fired from their job is pretty good grounds for a lawsuit. There's expectations of privacy that go with job-hunting, and willfully getting someone fired from their job will not sit well with a jury.
- extra88 8y ago
  > The way you wrote it, it seemed you were going to just call the employee's current manager. I wrote, "Checking references is one of the last things we do and insist that one be their a [sic] current manager". I thought that made it clear we ask the candidate for references and that one be their current manager. > The reference call almost guarantees the person will lose his current job. Not everyone is like you, I wouldn't fire someone for applying for a job. If you wouldn't fire someone for it either, why do you assume almost every manager is not like you or me and would fire them? > There's expectations of privacy that go with job-hunting But by giving me consent to call your manager, that expectation is gone. Take it with a grain of salt but this post [0] addresses "outing" a candidate. Q: can a prospective employer tip off my boss that I’m job-searching? A: It’s legal, but it’s really, really crappy. [0] http://www.askamanager.org/2013/01/can-a-prospective-employer-tip-off-my-boss-that-im-job-searching.html http://www.askamanager.org/2013/01/can-a-prospective-employe...
  - learc83 8y ago
    I don't think it's illegal, but it still going to increase the chances that someone sues--still unlikely. However, "It’s legal, but it’s really, really crappy." Notice the common theme that most people think that outing an employee is crappy, and forcing them to tell their perspective employer is also crappy. Again, your sector may be different, but that's were everyone here is coming from--it's considered downright awful in our industry.

magduf 8y ago

>I won't call without your consent The way you wrote it, it seemed you were going to just call the employee's current manager. I would NEVER give you consent for that. I don't know what kind of screwed-up industry that would ever be the norm in. Doing this is grounds for a lawsuit because it will most likely result in termination of the employee from his current job. >if the reference calls go well you'll even likely get a job offer. That's a big "if". The reference call almost guarantees the person will lose his current job. As for the grounds for the suit, getting someone fired from their job is pretty good grounds for a lawsuit. There's expectations of privacy that go with job-hunting, and willfully getting someone fired from their job will not sit well with a jury.

extra88 8y ago
> The way you wrote it, it seemed you were going to just call the employee's current manager. I wrote, "Checking references is one of the last things we do and insist that one be their a [sic] current manager". I thought that made it clear we ask the candidate for references and that one be their current manager. > The reference call almost guarantees the person will lose his current job. Not everyone is like you, I wouldn't fire someone for applying for a job. If you wouldn't fire someone for it either, why do you assume almost every manager is not like you or me and would fire them? > There's expectations of privacy that go with job-hunting But by giving me consent to call your manager, that expectation is gone. Take it with a grain of salt but this post [0] addresses "outing" a candidate. Q: can a prospective employer tip off my boss that I’m job-searching? A: It’s legal, but it’s really, really crappy. [0] http://www.askamanager.org/2013/01/can-a-prospective-employer-tip-off-my-boss-that-im-job-searching.html http://www.askamanager.org/2013/01/can-a-prospective-employe...
- learc83 8y ago
  I don't think it's illegal, but it still going to increase the chances that someone sues--still unlikely. However, "It’s legal, but it’s really, really crappy." Notice the common theme that most people think that outing an employee is crappy, and forcing them to tell their perspective employer is also crappy. Again, your sector may be different, but that's were everyone here is coming from--it's considered downright awful in our industry.