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What can an previous employer tell a potential employer

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    What can an previous employer tell a potential employer

    My BIL was layed off from a job as a warehouse manager about a year ago.

    He has a rough time landing a job. He has had many second interviews and then no interest in him. He could not figure it out until this week. He broke down and went to a temporary agency to get a job. He went through the process and went to take his wee wee test and was on his way to employment.

    A little afterwards (within an hour) he got a call from the temp agency telling him that they could not use him because his previous employer that he was using as a reference had told them that he had refused a drug test.

    The story behind that is that he had backed a company truck into a pole located near the loading dock when he was closing up the warehouse at closing time on a Friday afternoon. He told the GM what had happened and he said no problem, lets take care of it on Monday. After he left, the GM called him and told him to come back because he needed to take a drug test. He had been in the office since 4:30 AM that morning and he told the GM that he was not coming back because he was at home and they agreed to take care of it on Monday. The GM told him to just come in at noon on Monday to discuss the issue. He was fired for refusing a drug test.

    He had been promised a raise and was asking about it after not seeing the pay increase. The company cheats on their driver logs amonng other OSHA related issues.

    He has been a good guy about this but now to find out that they are telling his potential employers that he had refused a drug test has really crushed him.

    What can he do to get this corrected and stop them from telling potential employers that he refused a test. He had a flawless file for the 4 years he worked for them. Everything was good until he asked about his pay increase that he was promised.

    Sorry for the long story!

    #2
    stop using them as a reference and tell furture employers no they cannot contact them.

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      #3
      A lawyer. And quick.

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        #4
        I do not know the law but I always thought they could only say if you worked there, how much you made and if you were eligible for re-hire.
        Have him contact the labor board, EEOC or maybe a labor lawyer...

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          #5
          only thing a past employer can tell a potential employer is dates of employment and re hire status.

          ooops. tommy lee beat me to it!

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            #6
            Originally posted by WCB View Post
            I do not know the law but I always thought they could only say if you worked there, how much you made and if you were eligible for re-hire.
            Have him contact the labor board, EEOC or maybe a labor lawyer...
            Yep this...but also remove them as a reference, just leave the company on the resume. Texas is an at will state, they aren't supposed to give out hearsay information. Sounds like he will need a better head hunter too!

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              #7
              Legally dates of employment only. I would provide any and all documentation of said conversation to a legal expert.

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                #8
                Dates of employememt, starting and ending wages, starting and ending job titles.

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                  #9
                  maybe be up front with the potential employer and explain to them about the incident and what the former employer has been saying. the only drug test they should be concerned with is the ones they send him for. jmo

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                    #10
                    Well, if I fire a real POS, and a competitor calls and ask me about them, I'm going to tell the truth, as I would expect them to do. If not a fact, then slander would be in order.

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                      #11
                      Originally posted by WCB View Post
                      I do not know the law but I always thought they could only say if you worked there, how much you made and if you were eligible for re-hire.
                      Have him contact the labor board, EEOC or maybe a labor lawyer...
                      Originally posted by skeeter View Post
                      only thing a past employer can tell a potential employer is dates of employment and re hire status.

                      ooops. tommy lee beat me to it!
                      ^^^ This ^^^

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                        #12
                        Need a lawyer to write a very stern letter.

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                          #13
                          Originally posted by Ironman View Post
                          Well, if I fire a real POS, and a competitor calls and ask me about them, I'm going to tell the truth, as I would expect them to do. If not a fact, then slander would be in order.
                          ^^^ this! They can say anything as long as it's true.

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                            #14
                            .

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                              #15
                              Originally posted by NewTexian View Post
                              Dates of employememt, starting and ending wages, starting and ending job titles.
                              This^^^^^^^^^^^. Remember there are two sides to every story. From the way you told the story it seems as if the gm asked him to come in and he probably refused or strongly disagreed with coming in so the GM agreed to handle it in Monday. Regardless of the way he was terminated he can't mess with his future employment opportunities.

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