Are Employment References Exempt from FOIA Requests
I have a FOIA question involving the State of Illinois:
I was previously a police officer in Illinois for a suburban department and resigned on my own free will. I recently applied for another police officer position with a different department and was turned down due to the background investigation. They advised me that character references said negative things about me. I asked them about requesting the background investigation via FOIA and they advised me that all character reference statements are protected by FOIA and they would not release them if I filed for them, is this true?
Re: Are Employment References Exempt from FOIA Requests
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GSXR1000
I was previously a police officer in Illinois for a suburban department and resigned on my own free will.
I'm not implying anything negative about you here but it's not unusual for people to resign preemptively when facing some accusation of wrong doing so telling a prospective employer that you quit/resigned does not necessarily preclude the possibility of references saying bad things about you. It would seem odd though, if you knew these people well enough to list them as references, that you would get thrown under the proverbial bus by them.
As others have stated if it is true or a supportable and honest opinion it will be difficult, if not impossible, to win a suit. Have you tried asking your references why there are bus tire tracks on your back?
Re: Are Employment References Exempt from FOIA Requests
I know of at least one statement that the investigator told me of that was a serious alligation and an absolute lie, but he would not tell me who said it. I do know that this person was outside of the references that I provided. Second he asked me questions about rumors that my previous employer told him none of which were documented or investigated instances and were just that RUMORS. Third I resigned for several reasons none of which were for misconduct on my part!