What can a company and reference say legally about your work experience?

They will verify that you worked there and dates of employment. Doing much else creates potential liability.

R1 is correct. However, one of the questions that generally gets asked is "would you hire this person again if you have the chance?" Its a yes/no question with no further explanation. If the answer is a no, the person on the other end knows there was some kind of issue.

[R2] but they are just speaking to a person in HR or supervisor's assistant generally, so how would they know? Moreover, if you have left the company for better opportunities, maybe they are pissed that you left?

R3 - I've worked for the same boss for 13 years. She is the only one that speaks to the person calling for a reference. HR only confirms the person worked for us. Its been the same in every other company I've worked at.

[R4] does your boss answer the question would you hire so-and-so again? What does she say?

R5, She generally just answers yes or no. She's an attorney though, so she is very careful about what she says. The only people she will actually talk a little more with are people she actually knows (generally other attorneys) and they will talk completely off the record. There are a lot of staff in the legal community that will hop from firm to firm and usually its because they've been fired (or quit prior to being fired). Her colleagues extend the same courtesy when we hire.

I worked for a company that had to pay out a rather large settlement to a former employee -- the former employee was close to receiving a job offer, and the new employer called to check prior employment. They reached the employee's previous manager, who had a few unflattering things to say about her. Needless to say, she didn't get the new job. She sued her old manager and company, and the case went to a full jury trial. It was pretty clear that she was going to win -- the manager's criticisms were largely of a personal nature -- so the company settled before a verdict was rendered.

The company immediately changed its policy regarding references and employment checks -- no current employee could be a reference for past employees, and the only info given out to people checking employment history is the person's title and dates of employment. Most other places I have worked at have adopted similar guidelines. The risk of lawsuits is too high.

They can say anything they want as long as they have the facts to back it up.

[R7] how did that women prove her case?

[R9] It's a funny story -- the woman had as her witness the HR person from the potential employer who called the old manager to confirm employment. The old manager did confirm her employment history, but then had personal criticisms as well. It turned out that this particular HR person was formerly an old-timey secretary who knew shorthand -- she took down the whole conversation word-for-word. The same HR person was also able to confirm that it was this conversation caused the potential employer to reconsider making an offer.

Bump

Why do you ask, OP? Just *WHAT* did you do at your former job??? No one's gonna hire your ass.

legally, as was said here, dates of employment - and you can say if they are eligible for rehire - which really tells them everything they need to know - but they have to ask that question. also, they can not contact your current employer without your permission. anything more than that, and they open themselves up for lawsuits.

R13 So you can’t even warn prospective employers if the asshole was fired for stealing or harassment? Granted if no charges were filed ...

OP It’s very easy for a prospective employer to find a connection at your present employer via LinkedIn. All it takes are a phone call or two and they can get all the feedback that they need to make a decision.

I live in a city of 5 million people, I have way more than the magic number of 500 LinkedIn connections. It’s not difficult.

Of course this works both ways - before I accept a role I do my due diligence about the new company. It’s easy for me to find a connection or a connection of a connection of my prospective new boss.

I tend to pick up annual contracts so I’ve been to this rodeo many times.

R8 No, they can’t.

R14 - well you can, but the way to do it without risking a lawsuit is just to say they are not eligible for rehire. that's code between HR departments for this person is a loser and don't hire them. I run a large department with low turnover and expansion, but usually go through the hiring process at least 1/year - and I'll tell you, reaching out to candidates previous employers (which you do not need permission for), you would be surprised at how candid people can be, brutally honest and at times very negative - especially references. I would say choose your references very wisely. When I have been contacted, I do feel an obligation to be truthful, but I always temper the negative with positive -

Bump

Our policy is to confirm the following:

- date hired - date left - last position held

We will NOT disclose these things:

- pay rate - reason for leaving - eligibility for rehire

R8 is correct. In the US at least, employers can say what they want, as long as it's truthful, just as you are free to say anything truthful. However, out of fear of lawsuits, many employers indeed will only give out the dates of employment.

Most places ask to have a recommendation from your direct supervisor. Also, people and companies do not come off well if they bad mouth their workers, especially former ones. They seem petty and weak. If you do not like someone; it is great for you, if they move on to another company. If they suck, better still, unload them on a competitor.

Bad companies bad mouth the employees they want to stay, so they cannot move on. References are completely meaningless.

References should be done away with completely. There are now businesses who do background checks and collect the relevant information.