Community Chat

[Tinkrbl44]

That's CRAZY !!!   It also doesn't show much sensitivity for individual situations and politics in the current job!

It's either a really bad idea ..... or it's some kind of test.

[DoneTryin]

That smells fishy to me.  If the interviewer really expected the candidate to do that, it was out of line.  If that was some kind of "test" I'd think twice about working for that organization.  What kinds of weird "tests" do they pull on their employees?

I just recently retired from an HR generalist position & the only info I was allowed to give out was employment verification of job title(s) & dates of employment.  Additionally, most of the applications & resumes we received asked that we not contact current employer, which was always respected.  Professional references could be contacted for info about job performance.

I am very curious how this will all work out.  If you can, please keep us posted, & good luck to the job-seeker!

[terrier3]

Most places now will only give out how long you worked there and what your job titles were. Period.

I learned a pro-active "trick" from my best friend, who has had the same job now for 17 years. If she needed a recommendation from a former employer, it would be VERY old!!! So when people leave the organization, she writes a recommendation on their LinkedIn page if she thinks they did a great job. They often do the same for her. I was one of the people who left the company and followed up with a glowing, well deserved review for her. She now has a large number of recommendations from former co-workers, people she supervised, vendors, clients, etc.

I have followed her lead and now have a lot of recommendations on MY page too. So if and when HR departments are looking for referrals, I tell them to look on my LinkedIn page (which most HR departments do routinely now.)

[151949]

In my profession all they ever tell when called for a reference is the date you started to work there and that you are still employed. However, current managers are notified when HR gets a request foe information and is expected to have a meeting with you to see if they can ascertain why you want to leave and what can be done to keep you.

[sgraham30]

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@Moonchilde wrote:

I don't know if it differs from state to state, but in my state what they are asking is illegal, and a "former" employer is not expected to comply either - and doesn't most of the time.

In CA a prospective employer can only ask you a proscribed small list of questions, and if called, a former employer can volunteer NO info about the former employee, and ONLY refer them to HR - who will then only verify dates if employment and "yes" or "no" when asked if the person is eligible for re-hire. If they say anything that makes the other company rule them out/not hire them at the point of the phone call, they can be sued, and former employees have won these suits.

It could well be a "test" to see how people respond. I know I would not want to work for a company (no matter how desperate I was) that would try/pull something like that.

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 It's the same in IL. Anyone that I've ever worked for or temped with will only confirm if the person ever worked there & if they did, the dates that they were there. They will not write a reference letter or comment on the employee's job performance or indicate any issues that they might have had with an employee.

[maestra]

Take the form to HR only. Yes, what they are asking may be illegal. I have been told a reference gives dates of employment. People have been sued over this.

[lolakimono]

@Shorty2U

Reference Laws in Pennsylvania

Pennsylvania employers may not be sued for defamation (in legal terms, they are “immune” from liability) if they provide information about an employee’s job performance to a prospective employer, at the request of the prospective employer or the employee.

The employer who gives a reference is presumed to be acting in good faith. This means that the employer has immunity from defamation lawsuits unless the employee can prove, by clear and convincing evidence, that the employer:

• knew the information was false or should have known it was false, had the employer exercised due diligence
• provided information that was deliberately misleading
• provided information that was false with reckless disregard as to whether it was true or false, or
• violated the employee’s contract, statutory, common law, or civil rights.  

Getting a Reference

Some employees wish their former employers would keep quiet, but some employees face the opposite problem: They want a former employer to provide information, but the employer isn't willing to speak up. Some employers are so fearful of defamation claims that they won't give references under any circumstances.

To remedy this situation, some states have enacted service letter laws. These laws require employers to provide former employees with certain basic information, in writing, about their employment. However, Pennsylvania does not have a service letter law.

If you want a former employer to provide a detailed reference, you might consider signing a release: an agreement giving the employer permission to respond to prospective employers who call for a reference, and giving up your right to sue the employer for anything said as part of that process.

[SydneyH]

That form is not legal, no reputable company would try to do an end run about Human Resources or Management for a reference.  I would have told the interviewer I would not be able to submit that request and call it a day.

[qualitygal]

That's lazy of the "new to be" boss. I wouldn't do it though. You're letting the current "bad" boss know what you're doing. It just is red flags all over the place and the interviewee, doesn't want to be out of a job either I bet. I would never do that.

[ROMARY]

'Seems to me' that the new prospective employer has no interest in hiring this person.  Thus, handing your friend this 'paper/questionairre'.  Surely he/she knows that it would cause tons of problems, handing this paper to the person's current employer.  That's a no-no; I don't care which state it's in.  Just common sense.  JMO