Recent comments in /f/massachusetts

RevengencerAlf t1_jc0r07w wrote

>Every job application I've seen asks if they may contact past employers

Yes. They ask this as a professional courtesy. And if you look closely many times they are only asking about your CURRENT employer because people understandably don't want to be put in a bind at their current job because they tested the waters on a new one. An employer looking to hire doesn't want you to have reason to be afraid to apply to them. Neither restriction is required by law. It's just good form and mutually beneficial to both parties.

>and you must give written permission for any CORI checks

CORI and criminal background history in general is COMPLETELY separate from employer history.

You're inferring a connection that does not exist between these two things.

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Hoosac_Love t1_jc0qmn6 wrote

Every job application I've seen asks if they may contact past employers and you must give written permission for any CORI checks but of coarse if you don't agree to a CORI they obviously will never hire.

THe same is true ,they may not hire you if you don't allow them to contact past employers but I don't think they may do it without your permission.

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ARoundForEveryone t1_jc0qjxw wrote

There's always a misconception around this. I don't know where it got started, but it always comes up whenever anyone is discussing applying to new jobs.

Yes, an employer can simply say "Yes, so-and-so worked here from X to Y dates." They can also say "Yes, Larry worked here from X until they were terminated on Y date." They cannot say "Yes, Larry worked here until they abandoned their job unexpectedly while they were in in-patient rehab for a pretty gnarly drug addiction. Crazy cycle of uppers and downers, so whenever he did show up to work, we didn't know which Larry we were gonna get: Bouncy Larry or Sleepy Larry. Nice guy, but yeah, he got caught up in some crazy shit. I wish he could've had that much fun doing his TPS reports, but we all have our strengths and weaknesses, I guess."

So yeah, a former employer can say you worked there. They can give dates. They can say you no longer work there, and give dates. They can say whether you were terminated (I think why depends on whether there are legal issues pending, HIPPA issues at hand, or other similar restrictions) or whether you quit (and again, depending on the reason, why). They can say you were a good employee, called in sick every Monday morning, or couldn't get along with your coworkers.

Most don't engage because if that gets out it just looks petty for the company (especially so if the reason for separation was fairly benign and not criminal in nature). Just to keep their hands clean, HR departments just confirm employment and choose not to get into details. Good or bad, they let other companies take a gamble on you.

Even leaving out being petty, there are 4 possibilities:

  1. You were a good employee and you're going to a competitor
  2. You were a good employee and you're moving to a different industry
  3. You were a bad employee and you're going to a competitor
  4. You were a bad employee and you're moving to a different industry

For options 2 and 4, the old employer doesn't give a shit. You can be a great employee or suck ass for someone else and it won't affect them in the slightest. You're not going to a competitor and can't help or harm the industry or their competition.

For option 3, they're better off as a company if their shitty has-beens move on to competitors and harm the competition. Right?

That leaves option 1 - a 25% chance that you're going to another company that could negatively affect your former employer's bottom line. And in that case, you'd think they'd want to pretend you were the best employee ever and it's such a shame that you couldn't afford to keep them since they were a critical part of the company's success.

So just as a numbers game, it doesn't make sense to trash your reputation. Laws exist to protect Joe Employee, but even if they didn't, it's usually not a great decision for an HR department to want to trash their former employees.

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RevengencerAlf t1_jc0p471 wrote

>I believe on thing that is true is that future employers can not contact
a past employer without your permission unless you give them as a
reference

This is known as "backdoor referencing" and in most situations it's perfectly legal. It's generally considered bad form though and most professional employers won't do it unless they have a reason to. Technically speaking (I am well aware this is an absurdity and will never happen but it makes a good point) if they want a hiring employer can straight up just contact your nextdoor neighbor and ask if you're a respectful neighbor.

The only stuff they can't really ask from a legal standpoint is the same stuff they can't ask you about in an interview. Race, religion, age, medical conditions, etc.

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RevengencerAlf t1_jc0o73c wrote

From a legal liability standpoint, they don't really even have to back it up. If a former employee sues them for defamation it would be on that employee to prove what they said was false. But most will just sidestep the minefield entirely by not even bothering to share more than basic info because even a frivolous lawsuit they can slap down quickly is still an annoyance and an expense.

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