Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
If you have questions about this, please email help@theknot.com.
Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
RP from 9-5 What Employers Can Say About Former Employees
I posted this on the 9-5 board but thought I would run it by y'all as well.
My DH was recently laid off from a job he held for 3 years. During that period of time he was an excellent employee, never missed a day of work and was promoted several times.
In the process of finding a new job DH asked his former boss if he could use him a reference and former boss said sure.
He was offered a job last night and new employer stated that he had called DH's former boss for a reference. Former employer told new employer that my DH was sick and had Crohn's Disease. DH does not have Crohn's, he has an ulcer. But did have an endoscopy in August to rule out Crohn's.
Anyway, can his previous employer disclose that type of information in a reference? I mean it isn't even true?
Thoughts?...
Re: RP from 9-5 What Employers Can Say About Former Employees
Of course he can, he's not bound by HIPAA. He has free speech rights. Now, can you maybe sue him for some damages? Sure. But he can say anything he wants to about your DH.
So he can say anything he wants, even if it is not true?
Answered my own question...
Ohio Revised Code Section 4113.71.
Ohio law states that if a former employer tells a prospective
employer something that is untrue and the former employer knows it's
untrue and purposely tells the prospective employer the lies in order
to hurt you, that a civil court judge can award you punitive damages
and court costs.
So, no he can't say anything he wants...it as to be factual, truthful information.
Sorry if I was not clear. But the former employer did know it was untrue. DH still worked there when he had the endoscopy and former employer was well aware of the diagnosis of an ulcer, not Crohn's.
Well with all the other issues we have had with this dumba@@ ex-employer, it is most definitely a malicious lie.
However, we are not the sue happy kind of people and will not pursue any type of legal action. We will just relish the fact the karma is a boitch.
What good will come of a lawsuit? Not much, in my opinion, it could be a long drawn out process and we might see a few bucks in the end? Not worth the hassle.
My knee jerk reaction was that FE's actions were unethical and the purpose of my post was to hear opinions from objective people since this is my DH and I can hardly be considered objective in this regard.
To be fair, that actually doesn't say that employers have to say truthful, factual information. It says that if they purposely says something they know is untrue, with the intent to hurt you, you have a cause of action against them.
It's a minor distinction, but kind of important...
My Cooking Blog
I understand your point, but DH's former boss was the owner of the company. David vs Goliath.
Also, the reason he laid DH off is that he was changing his business model to subcontract out all future work - hence there will be no future employees.
FE is a douchenozzle all the way around, I have never in my life seen so much drama within a whole crew of men. Heck, I work with all women and we have zero drama. I am not sure FE would do this to anyone else, I think he is simply trying to demonize my DH to make himself feel better about laying him off.
As much as hurt to have DH lose his job so close to the holidays, it is a blessing to get him away from this crazy environment.
DH was offered the job and the next day the potential employer told him of the reference from the former employer. Now the potential employer won't return DH's calls to see when they wanted him to start. So, although he was offered the job it doesn't look like he got it.
Cincy,
That's terrible! As awkward as this whole thing might be, perhaps your DH should leave a voicemail for the potential employer stating that he was tested negative for Crohn's?
I am surprised that kind of talk is allowed.
If your DH is successful and gets this job (fingers crossed!) I would consider sending his past employer a note saying how that kind of spreading of false information very nearly cost him a chance at work, etc. Not threatening a lawsuit, but educating him to the possibility of one, in the hopes he straightens out.
wait, what? You never put former employers as a reference? I always used former employers as a reference. After college, I also started asking for a letter of reccomnedation when I switched jobs and would provide them to a prospective employer upon request. I can't imagine being hired with no former employer recs. That just seems so strange.
Who would you put as a reference?
I have put co-workers that I know I can trust. It's a little different now because I'm actually back in the field that I got my degree in: music education/performance. so now i'm using a conductor in the orchestra I play in, a clarinet player/friend of mine, I've also used music store owners that I have been a contractor for. They were not my employers because I paid rent to teach out of the studios. I've also used passed professors in my field, but not so much anymore because that's been awhile. When I worked in an office, the only boss I've had that I trusted was the manager at the salon I worked at. He honestly was the best boss I've ever had. I used his name a couple times. The female bosses I've had were total bitches and I wouldn't trust them
Very interesting, vlargl. You are in a non-traditional industry, so it makes sense that non-traditional resources work for you. For me, a prospective employer would not be satisfied with a co-worker rec.
No, he did not get the job. He has an interview with another company tomorrow.
Fingers crossed...