Legal Question in Employment Law in Georgia

Employee reference check

Probationary employee was asked to resign or be fired. He resigned. He was told that nothing negative would be said on the employee reference check. Eight months and 6 reference checks later he has not been hired because of the employment reference check. The previous employer was quoted as saying ''he is not eligible for rehire''? What can the employee do? What is legal or illegal for the previous employer to say on a reference check?


Asked on 5/22/09, 9:40 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Employee reference check

It is generally legal for the previous employer to provide factually truthful information, including the specific reasons they were terminated. That is basic First Amendment for the most part. Because of the volume of lawsuits filed against companies, they usually just limit it to dates of employment, or perhaps the statement you posted.

On the other hand, if you had a contract wherein they expressly agreed to not say anything negative, it is a different issue. You'll need much more than you posted, AND arguably they really did not say anything negative about you.

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Answered on 5/22/09, 9:45 am


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