Legal Question in Employment Law in New York

background check ( employment verification )

Z was a manager for starbucks. Z was terminated from, for what was called sexual harrassment. during the investigation, Z consulted with their supervisor of the length of time involving the investigation and the option that Z would resign. Z refused to resign because Z felt Z did not do anything seriously wrong. the end result, Z was terminated. moving forward and trying to find work, Z wam concerend that new employers may know Z was terminated when Z signs a release for an employment baackground check. would the information include me being terminated, and the reason? what information can a previous employer disclose to a new employer? all? some? wether this was a mistake on my part, Z still should have the right to start all over and have the right to work again. Z has been turned down for a few jobs that Z may believe because of Z past issue with my previous employer. what kind of right does Z have reguarding this situation?


Asked on 10/27/06, 12:43 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: background check ( employment verification )

This answer unfortunately is an "it depends" upon what the actual outcome of the investigation was, the claim against you and whether there was a formal claim filed againt

your ex-employer by the person making the claim.

There are specific limits to what you're prior employer can say unless there was a formal

finding of harassment by the EEOC or Division, and even then there are confidentiality constraints.

Depending on what type of info they are giving out, you might be able to secure an injunction

prohibiting them from doing so, and if they violated your prviacy rights or defamed you,

possibly for a damges claim.

If you wish to discuss this further, please set up an appointment.

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Answered on 10/27/06, 2:14 pm


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