The court found that the employer's negative
remarks about the former employee were true, and based on the employer representative's personal experience with the employee.
The appellate court suggested there was enough evidence for a reasonable jury to find the employer made a deliberately misleading or malicious
statement about the former employee, even though the statement was «technically true.»
For a bit of background on the advice below, here's some great insight from career expert Alison Doyle, who wrote about what employers can say
about former employees for The Balance:
It is important to bring all pertinent employment records to the hearing, as well as line up witnesses who can give first - hand
testimony about the former employee's misconduct, or other reasons why he or she is ineligible for benefits.
The policy should ensure any statements
made about former employees are truthful and limited to only providing information which is directly related to the employment relationship, and which is reasonable for the purposes of determining eligibility for employment.
In the same letter, you may request the HR for the company's policy on what information the firm discloses
about former employees employment history should a third party inquire.
Bear in mind that «some companies or organizations have policies against saying a
lot about a former employee except for dates of employment, salary, etc.,» she said.
It's also a good practice to answer carefully when someone calls to ask
you about a former employee's performance.
I would like to tell
you about a former employee that took on a particular cause almost 10 years ago, and continues to champion it every year, even from retirement.
An employer who discloses information
about a former employee's job performance to a prospective employer of the former employee upon request of the prospective employer or of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences.
«The organisation will almost certainly want to keep information
about former employees, as it may help in the defence of any employment claims that the former employee may bring.
One of the questions job seekers often ask is «What can an employer say
about former employees?»
It behooves today's organizations to have in place policies that determine what - if anything - employees can share with prospective employers
about former employees.
Here is more information on what employers can share
about former employees.
One of the questions job seekers ask frequently is «What can an employer say
about former employees?»
Many such companies will share requested information
about their former employees and can highlight the untruths that you propose.