I'm not sure if it is federally mandated but either way it is certain that many companies stick to the basics because of lawsuits.
If you went to court they woulold pull out all sorts of reasons why they were unhappy with you. Yes the core issue is that they talked about it but it would still make you look bad.
Then how are you going to prove it? Say you didn't get a job because of it..... are you going to be able to get that employer to court? Well with a supeona perhaps. Say you did get the job anyway..... are you going to involve them and jeopardize your job?
Either way if you pursue this it would cost a whole lot of money. Plus time off from a new job for court and to see a lawyer. If you have a serious corporate job and this could impact your future go for it. Otherwise it is probably best left alone.
spir_i_tual
2007-05-12 15:37:15 UTC
Contact the; Equal Employment Opportunity Commission, before you get a lawyer.
anonymous
2007-05-12 15:31:33 UTC
No---they are always sure to put it in terms that are ambivalent, and will claim it was a misunderstanding.
Don't bother---work on doing better at the next job.
Amy V
2007-05-12 15:37:46 UTC
Only if you can prove it, he said/she said is an expensive idea. If you listed this person to give you a reference, you may have a sticking point, especially if you didn't ask them if it was OK to list them.
Heather H
2007-05-14 09:19:04 UTC
You're kidding, right? There is no legal basis if the information is true (and not vindictive/retaliatory). You don't say it isn't true, so it's fair game. Otherwise, what would be the point of giving a reference in the first place, if you know that the employer can't say anything derogatory without fear of being sued.
next time, don't use the employer as a reference.
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