Are there any attorneys out there who are involved in employment law that will answer a question I have?

Listen, I worked at a resort in Montana for 5 months where I had been given outstanding performance evaluations, fufilled my contract, never been suspended, and had managers giving potentiall employers good references on my behalf. Lets make it clear that I was never terminated okay? I had been written up twice and was never given any indication that I am not ellgible for rehire until over a year later today. If I would have known that human resources would have given me a bad reference I would not have put this company down on my application for I am sure it has cost me many job opportunities. Exactly what types of information are Montana employers allowed to give out on their employees?

guardianangel

You need to list this employer on your application/resume in case the prospective employer does a background check. If you leave the employer off and it comes up on the background check, even if you have already been hired, you may be terminated for lying on your application/resume. Honesty is the best policy.

In today's society normally smart employers would only provide the following information with respect to a reference; the dates of employment, position, ending salary. Most prospective employers will try and ask what the rehire status is hoping the previous employer will divulge the information. Normally, previous employers only make record of the rehire status for internal purposes. Such may be in the instance of your employer, if it is a chain of resorts they would want to keep this information on file to make sure another resort within the chain did not hire you.

Unfortunately, the only way you can prove that you have not obtained many prospective positions due to your past employer disclosing negative references is if you ask the prospective employer straight out if you were not hired due to your former employer's reference or have someone call who is believable enough to be performing a reference check on you for a job and see for yourself what information is being given to prospective employers.

If proven, which is difficult as I have mentioned above, then you can file a cliam against your former employer for preventing you from willfully gaining other employment with the Department of Labor.

Best wishes.

hr4me

If you sign a release statement that releases former employers from liability for information about you then they are allowed to disclose any truthful employment related information about you. They can not make up stuff about you, but they can give out information about you and your work for the company. Some may tell you that employers can only give out name, positions held, dates of employment, but that's not true. Most employers will not give out a lot of information, but since you sign a statement to run a background check on you and release them from liability then they are allowed to do so. You could only go after them if they are saying things that are not true about you.

Cubs Girl

They can only give out

dates of employment, position, wage/salary information and if the ask rehire status.

My company only gives out dates of employment and position because situations like this.

If you sign a release to give out information your basically given them free reign to ask questions.

cazfoster72

I am not a lawyer, but as an employer have had some experience here. I am not quite understanding why you would be rehired if you already had the job. Is it because it was only a year contract or something?
A company can't give a bad reference, however they are obliged to answer certain facts regarding your employment history, ie Attendance, Sickness and Absence, Timekeeping, productivity. If you were fine with all these areas and you can prove this, you may have grounds to challenge this. It may be your employer is making it difficult for you to leave (if you are still employed) so you stay with them, (have never done that myself, but it is done), or it may be someone had an issue with your ork but never said at the time, only recorded it on your employee records, (which technically you should have been involved with)
You may just be too good to let go!
I hope this is of some use to you.

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