What are past employers allowed to say about you?

[1 Patriot-of-many]

A past employer is badmouthing me to a prospective employer including saying I had an accident in the last 3 years when my MVR is clean. What are the laws concerning what past employers can say about you? They told a past employer I had an accident in the last 3 years but will not supply a date or details "due to company policy".

[tank_monkey]

A past employer is badmouthing me to a prospective employer including saying I had an accident in the last 3 years when my MVR is clean. What are the laws concerning what past employers can say about you? They told a past employer I had an accident in the last 3 years but will not supply a date or details "due to company policy".

Taken from a legal site:

From a legal standpoint, there may not be much you can do about your former employer's negative comments.

In this situation, the legal claim that might be available to you is for defamation. To prove a defamation claim, you would have to show that your former employer made false statements of fact about you, with malice, and that you were harmed as a result:

Statements of opinion can't be defamatory. A false factual statement -- that you stole from the company or failed a drug test, for example -- can provide a foundation for a defamation claim. However, a statement of opinion, which really can't be proven true or false, isn't enough to prove defamation. It sounds like your manager is giving his opinion, as negative as it may be.

Many states protect employers giving references from defamation claims. A number of states recognize a privilege between employers asking for a reference and employers giving one. This privilege protects the employer giving the reference from legal action, unless that employer acts with malice. Although states define malice differently, it generally means that the employer must have known the statement was false and/or intended to mislead the prospective employer. In your situation, your manager may well believe those negative things about you, even if you disagree.

However, there may be a practical way to shut this manager up. Contact your former employer's human resources department or the person who signed your severance paperwork. Explain that your former manager is going beyond the company's policy and giving out negative information that is harming your job search. Ask the company to immediately put a stop to this behavior and enforce its standard reference policy.

Even if you would have trouble ultimately winning a defamation claim, your former employer doesn't want to take its chances in court. Companies adopt limited reference policies like this precisely to avoid defamation claims. Unless there is a broad conspiracy at your former employer to prevent you from ever working again, a brief letter should put an end to this problem. After all, your former employer's goal should be to see you working -- not continuing to collect unemployment (which is charged against its account).

Hope this helps.

[Goodman]

A past employer is badmouthing me to a prospective employer including saying I had an accident in the last 3 years when my MVR is clean. What are the laws concerning what past employers can say about you? They told a past employer I had an accident in the last 3 years but will not supply a date or details "due to company policy".

You can sue his socks off. If be says anything- especially if it is inaccurate he needs a big serving of CYA. Wise employers will usually only confirm employment dates and will not discuss job performance.

[tank_monkey]

You can sue his socks off. If be says anything- especially if it is inaccurate he needs a big serving of CYA. Wise employers will usually only confirm employment dates and will not discuss job performance.

Only if what the employer says is demonstrably false information and not his opinion. IF he thinks you're a jerk, that's not cause for a suit. But it seems that he is intentionally telling future employers that the OP had an ACCIDENT on the job when he did NOT. That is grounds for defamation because it is purportedly a 'statement of fact' that is in fact, untrue.

Hope this helps and guides you through your next step.

[Richard Simmons]

As a manager I have always been told that we only verify employment and nothing else. Usually I just confirm dates of employment and position/positions held. I do not discuss anything else about the former employee including whether or not they are eligible for rehire. That being said I did hire a guy who used to work for my previous employer, he was hired after I left. When they found out we were hiring him the owner of the other company contacted our corporate officer and told them the guy was a drunk, untrustworthy, etc. Corporate simply asked if they fired the guy or he quit. Turns out he gave his two weeks notice and left. If he was so bad why did they not terminate him? I went ahead and hired the guy and he's been an outstanding employee. I guess he could sue the other company if he wanted.

[L1A1Rocker]

As a manager I have always been told that we only verify employment and nothing else. Usually I just confirm dates of employment and position/positions held.

THIS!

Far too many past employers have lost lawsuits for giving out incorrect information. Were I you I'd get all the facts down on paper, then shop that around to lawyers to see who would take it on contingency.

[sevlex]

whether or not they are eligible for rehire.

That's what will kill your job prospects. If your previous employers says "no" then you lose.

[1 Patriot-of-many]

Resolved.....Former company employee I worked for sent me an email with past "accidents" noted by date and type. They were nonpreventable deer hits in 2011 and 2012. Sent this on to prospective employer.