6 ms·

Are you legally allowed to mention that? I thought references could only verify if you worked for the company, or otherwise risk being sued. Maybe that's a myth

Are you legally allowed to mention that? I thought references could only verify if you worked for the company, or otherwise risk being sued. Maybe that's a myth? Regardless, it's pretty odd he would put your company down as a reference after only staying two weeks.

magic_beans 8y ago
References can say whatever they want.
- sundaeofshock 8y ago
  References can be (and have been) sure for giving a review that keeps a person from getting a job. If I’m in a position where I can’t give a good reference, I don’t give a reference at all.
  - fourthark 8y ago
    Which is probably a good policy for a lot of other reasons.
- nocman 8y ago
  Well, depending on what you mean by that, it isn't necessarily true. If you mean "References can say whatever they want without any potential legal ramifications", that's not true. If you say anything that is demonstrably false about the former employee, you can be sued under defamation laws (and, yes, you can lose). Of course what it was that you actually said (and the potential harm done to the former employee) makes a huge difference as to their chances of winning such a lawsuit. This is one of the reasons many employers have the policy of only confirming that a former employee has in fact worked for the company in the past. Usually it is because their legal team (or for smaller companies, just the lawyer they use) have advised them not to give out anything further.
singlow 8y ago
You are always at risk of being sued. But if some had listed you directly as a reference you should feel you have more freedom than if you are just listed as a former employer.
blahyawnblah 8y ago
I think you're thinking of HR being only able to say that the person worked there in some places.
linsomniac 8y ago
You're thinking employment verification, or checking that the places you listed on your work history are correct. As an employer, you open yourself up to litigation if you say anything more than dates and titles. I mean there are stories of employers being called about a past, problematic employee, and saying things like "I could get sued if I told you how their performance was, wink wink." But... :-) I don't believe in Colorado it is illegal to say anything more, it's just not worth it to risk possible litigation.
- trevor-e 8y ago
  TIL, thanks. I guess I thought employment verification and references were roughly the same thing, which sounds silly now that I think about it.
nicoburns 8y ago
I think that might be a US thing. The rest of the world is much less litigousb (alhough you could still be in trouble if you actually lied)
TheCoelacanth 8y ago
That is a CYOA policy that many companies have, not a law. In the US, you are legally in the clear as long as you aren't telling outright falsehoods unless you have some form of explicit NDA.
- madeofpalk 8y ago
  > CYOA (Cover Your Own Ass/Arse): an alternative form of the slang phrase Cover your ass

magic_beans 8y ago

References can say whatever they want.

sundaeofshock 8y ago
References can be (and have been) sure for giving a review that keeps a person from getting a job. If I’m in a position where I can’t give a good reference, I don’t give a reference at all.
- fourthark 8y ago
  Which is probably a good policy for a lot of other reasons.
nocman 8y ago
Well, depending on what you mean by that, it isn't necessarily true. If you mean "References can say whatever they want without any potential legal ramifications", that's not true. If you say anything that is demonstrably false about the former employee, you can be sued under defamation laws (and, yes, you can lose). Of course what it was that you actually said (and the potential harm done to the former employee) makes a huge difference as to their chances of winning such a lawsuit. This is one of the reasons many employers have the policy of only confirming that a former employee has in fact worked for the company in the past. Usually it is because their legal team (or for smaller companies, just the lawyer they use) have advised them not to give out anything further.

singlow 8y ago

You are always at risk of being sued. But if some had listed you directly as a reference you should feel you have more freedom than if you are just listed as a former employer.

blahyawnblah 8y ago

I think you're thinking of HR being only able to say that the person worked there in some places.

linsomniac 8y ago

You're thinking employment verification, or checking that the places you listed on your work history are correct. As an employer, you open yourself up to litigation if you say anything more than dates and titles. I mean there are stories of employers being called about a past, problematic employee, and saying things like "I could get sued if I told you how their performance was, wink wink." But... :-) I don't believe in Colorado it is illegal to say anything more, it's just not worth it to risk possible litigation.

trevor-e 8y ago
TIL, thanks. I guess I thought employment verification and references were roughly the same thing, which sounds silly now that I think about it.

nicoburns 8y ago

I think that might be a US thing. The rest of the world is much less litigousb (alhough you could still be in trouble if you actually lied)

TheCoelacanth 8y ago

That is a CYOA policy that many companies have, not a law. In the US, you are legally in the clear as long as you aren't telling outright falsehoods unless you have some form of explicit NDA.

madeofpalk 8y ago
> CYOA (Cover Your Own Ass/Arse): an alternative form of the slang phrase Cover your ass