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Can Your Ex-Employer Report a Reason for Your Termination Not Disclosed to You

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  • 05-12-2017, 06:20 AM
    hihi123
    Can Your Ex-Employer Report a Reason for Your Termination Not Disclosed to You
    My question involves labor and employment law for the state of: NY
    Can investigative consumer reports involve the reason you left your last employer. They never told me this reason although they could tell any reason to whoever is calling for an investigation.
  • 05-12-2017, 07:12 AM
    flyingron
    Re: Investigative Consumer Reports
    They don't have to give you a reason. If they used material in a FCRA-covered report to make the decision, then they have to inform you of the source of the report, but that's it.
  • 05-12-2017, 09:23 AM
    hr for me
    Re: Investigative Consumer Reports
    did you sign an authorization for the investigative report? I don't know anyone who would release any information without a signature authorization.

    Yes, the employer can state anything they believe to be truth regardless of what you were told when you left. They are generally not required to give you a reason for termination in at-will states.

    "However, if a job seeker discovers that a negative reference was provided, the next question is whether the information was either true, false, or just an opinion. Truthful information provided by an employer will be protected by the law in the vast majority of cases. Opinions also are generally protected, and simply because someone disagrees with their former employer's opinion does not entitle them to collect damages under defamation law. Instead, only false factual statements are subject to defamation lawsuits that are governed by individual states' laws." http://employment.findlaw.com/hiring...-illegal-.html
  • 05-12-2017, 01:40 PM
    hihi123
    Re: Investigative Consumer Reports
    Well can an investigative consumer report call your ex-neighbor and put that a possible verbal argument you had with your neighbor years ago into a report ? Can they do that with your ex-employer from years ago as well which might not be recorded anywhere ?
  • 05-12-2017, 02:01 PM
    PayrolGuy
    Re: Investigative Consumer Reports
    Unless the police are brought in and there was at least and an arrest and more likely a conviction that would not show up in any report.
  • 05-12-2017, 03:11 PM
    hihi123
    Re: Investigative Consumer Reports
    I HEAR you. I will drop the neighbor example and come to the issue. Can your employer voluntarily report you to your current employer for a reason or an opinion BUT not necessarily a false fact ?
  • 05-12-2017, 05:17 PM
    cbg
    Re: Investigative Consumer Reports
    Yes. He can.
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