Legal Question in Employment Law in Georgia
Checking with past employer
My brother, who has a CDL license, was recently fired because his employer said that he had an accident backing a truck. He did not have an accident; the truck had too large a load on it and when he backed it, it got stuck and had to be towed. At this time, my brother had just come back to work from a worker's comp injury.
He then applied to another job and was hired. On his application, he said that he was let go because of lack of work. Three months after he was working, his present employer stated that they had checked back with his prior employer and they said that he had been let go for unsafe driving; his employer then fired him for falsifying his application.
How much can a previous employer tell a current/prospective employer when checking references? I am also an employer and have always been told that you may only verify the dates of hire, salary and, if asked if they would be eligible for rehire, I can say either yes, no or no comment. If this employer should be asked the same question in the future, and give the same answer, it could again prevent my brother from ever getting a job. In addition, this business of his ''unsafe driving'' is untrue.
1 Answer from Attorneys
Re: Checking with past employer
A former employer may make any statements that are true and accurate and not otherwise confidential, privileged, etc. That is really the point of references.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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