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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27887
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have a question, Can an ex employer be contacted if I do

Customer Question

I have a question, Can an ex employer be contacted if I do not give permission to the current perspective employer to contact them during the background check? The reason I ask is because is their HR department has a history of fumbling and giving too much information which has cost people future jobs. Please note this is not a current employer.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  LawTalk replied 11 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under CA law, your permission---written or otherwise---is not required for a prospective employer to contact a former employer and inquire as to your history with that company. And so long as that former employer does not provide and false facts about your employment history, there is little about your history that they cannot share---save for personal information such as medical history.

If you have reason to believe that your prospective employer will be contacting a former employer, you should contact HR at that employer and ask that they specifically only provide salary and dates of employment if contacted. You can also suggest that if false information is given that results in you losing the job, that you will consult with an attorney with regard to a Defamation suit.

Aside from that, there is nothing more that can be done to prevent the dissemination of information. I'm sorry.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 11 months ago.

Thanks, XXXXX XXXXX experience if you check the box "Do not contact Current employer", can they still do it?

Expert:  LawTalk replied 11 months ago.

Good morning,

Checking the box not to contact the employer may well result in the prospective employer abiding by your request---however it does not make doing otherwise, against your wishes, somehow illegal. And in my experience, it creates more problems than it cures---because any employer will want to know what it is that is trying to be hidden from them. Checking the box is the equivalent of raising a red flag to a prospective employer and their HR department.

I would only do that if you were certain that information most certainly to be provided would result in you not getting the position---and then I'd be fully prepared to explain your choice to check the box in any interview that you might have for a position.

Thank you for your kind words. They are appreciated.Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug

LawTalk, Attorney
Satisfied Customers: 27887
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 11 months ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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