4 ms·

Assuming this is in the US, it's exceedingly unlikely the company would risk putting a negative reference in writing. OP is unlikely to get more than a confirma

Assuming this is in the US, it's exceedingly unlikely the company would risk putting a negative reference in writing. OP is unlikely to get more than a confirmation of dates worked though.

alexandercrohde 7y ago
It wouldn't have to be in writing. Have a friend call up, say they are from "Tech Co" and "Would you recommend Joe Shmoe?" Very easy.
tyingq 7y ago
Many companies will share "eligible for rehire" status.
- scandox 7y ago
  Is that legal in the US? And what is the sharing mechanism? Word of mouth?
  - tyingq 7y ago
    Varies by state, but legal in most places. Big companies have automated reference checking. Via truework or theworknumber, or similar. Which can also verify salary...urgh. https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html https://www.nolo.com/legal-encyclopedia/free-books/employee-...
    - FDSGSG 7y ago
      >Which can also verify salary...urgh. This seems so vulnerable to data entry mistakes that such data might just be completely useless. What happens when stated salary doesn't match salary verifier numbers? Do you just not hire that person?
      - ghaff 7y ago
        Salary means a lot of different things anyway. If someone asks me (and I need to provide something), I'm going to put down some rough total comp number that's at the high end of what I earn in a typical year. It's not going to match whatever is in the system as my nominal "salary" which really isn't all that relevant.
        tyingq 7y ago
        It is still irritating, because current salary shouldn't drive anything about proposed salary. Employers should have to provide low/median/high for employees of the same title in exchange :)
    - unlinked_dll 7y ago
      >Which can also verify salary...urgh. Isn't that illegal in several states, including California?
      - tyingq 7y ago
        They can't ask the candidate in California, but they can use a service. San Francisco has a law that they need permission from the candidate first, but it seems fine anywhere else in the state.
  - SamReidHughes 7y ago
    Generally speaking employment references are free speech protected by the first amendment. So defamation isn't allowed, and any state's law would need to be tested in court for you to really believe in it.
throwawaysacked 7y ago
Hopefully. Tangential anecdote time here. I was terminated from my long time employer over what they called "poor performance" that was my boss compiling an actual "dossier" on me - everything from LJ posts from my ex-wife to WHOIS info to claim/show I was moonlighting (one, my photography business), a blog from a friend thanking me for giving him advice on a startup. Basically a hit list - he'd gone off the deep end on a few things, not just me, divorcing his wife, father dying, endless arguments with business partner / co-owner of the company. He was adamant about a little sit down/FU session with me where he'd show me this damning dossier of all my "misdeeds". Thankfully the partner got a lawyer involved who told them, in essence, "WTF? No.". Apropos of both the state we were in being "at-will", and my employment contract / handbook having no provisions about moonlighting etc., the LJ posts being 10+ years old, etc., he basically said "As soon as you start showing this stuff it becomes somewhat defensible - he says 'actually, no, blah blah blah'." "Just say that today is your last day. Thank you." My boss was vindictive though. He wanted to contest my filing Unemployment paperwork about my "poor performance". He also wanted to withhold my final paychecks pending "return of all equipment, etc.". I literally saw in a frozen screen glitch in Zoom the lawyer's response to him on that second one, verbatim. "No. Do not do that. You cannot do that.". Thankfully, for me, the partner and lawyer were the voices of reason, or it could have been difficult. In terms of looking for a new job, more gray - I never stated that I was still at that job, nor did I let any question about it go unanswered or unclear (no lies by omission), other than just not specifically saying "I was terminated from job X on day Y".

Assuming this is in the US, it's exceedingly unlikely the company would risk putting a negative reference in writing. OP is unlikely to get more than a confirmation of dates worked though.

alexandercrohde 7y ago

It wouldn't have to be in writing. Have a friend call up, say they are from "Tech Co" and "Would you recommend Joe Shmoe?" Very easy.

tyingq 7y ago

Many companies will share "eligible for rehire" status.

scandox 7y ago
Is that legal in the US? And what is the sharing mechanism? Word of mouth?
- tyingq 7y ago
  Varies by state, but legal in most places. Big companies have automated reference checking. Via truework or theworknumber, or similar. Which can also verify salary...urgh. https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html https://www.nolo.com/legal-encyclopedia/free-books/employee-...
  - FDSGSG 7y ago
    >Which can also verify salary...urgh. This seems so vulnerable to data entry mistakes that such data might just be completely useless. What happens when stated salary doesn't match salary verifier numbers? Do you just not hire that person?
    - ghaff 7y ago
      Salary means a lot of different things anyway. If someone asks me (and I need to provide something), I'm going to put down some rough total comp number that's at the high end of what I earn in a typical year. It's not going to match whatever is in the system as my nominal "salary" which really isn't all that relevant.
      - tyingq 7y ago
        It is still irritating, because current salary shouldn't drive anything about proposed salary. Employers should have to provide low/median/high for employees of the same title in exchange :)
  - unlinked_dll 7y ago
    >Which can also verify salary...urgh. Isn't that illegal in several states, including California?
    - tyingq 7y ago
      They can't ask the candidate in California, but they can use a service. San Francisco has a law that they need permission from the candidate first, but it seems fine anywhere else in the state.
- SamReidHughes 7y ago
  Generally speaking employment references are free speech protected by the first amendment. So defamation isn't allowed, and any state's law would need to be tested in court for you to really believe in it.

throwawaysacked 7y ago

Hopefully. Tangential anecdote time here. I was terminated from my long time employer over what they called "poor performance" that was my boss compiling an actual "dossier" on me - everything from LJ posts from my ex-wife to WHOIS info to claim/show I was moonlighting (one, my photography business), a blog from a friend thanking me for giving him advice on a startup. Basically a hit list - he'd gone off the deep end on a few things, not just me, divorcing his wife, father dying, endless arguments with business partner / co-owner of the company. He was adamant about a little sit down/FU session with me where he'd show me this damning dossier of all my "misdeeds". Thankfully the partner got a lawyer involved who told them, in essence, "WTF? No.". Apropos of both the state we were in being "at-will", and my employment contract / handbook having no provisions about moonlighting etc., the LJ posts being 10+ years old, etc., he basically said "As soon as you start showing this stuff it becomes somewhat defensible - he says 'actually, no, blah blah blah'." "Just say that today is your last day. Thank you." My boss was vindictive though. He wanted to contest my filing Unemployment paperwork about my "poor performance". He also wanted to withhold my final paychecks pending "return of all equipment, etc.". I literally saw in a frozen screen glitch in Zoom the lawyer's response to him on that second one, verbatim. "No. Do not do that. You cannot do that.". Thankfully, for me, the partner and lawyer were the voices of reason, or it could have been difficult. In terms of looking for a new job, more gray - I never stated that I was still at that job, nor did I let any question about it go unanswered or unclear (no lies by omission), other than just not specifically saying "I was terminated from job X on day Y".