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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19780
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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When checking employment story, can the prior employer

Customer Question

When checking employment history, can the prior employer reveal unsubstantiated information regarding termination ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. I am unclear what you mean by "unsubstantiated" information so please feel free to clarify that if you think it might help after you receive this answer, but I can still address what the law says about what former employers can provide to prospective employers by way of information.

In Colorado, there is a statute that gives employers qualified immunity in the case of providing employment information to prospective employers. The only exception to the immunity from suit is if the information provided is false and the employer knew, or reasonably should have known, that the information was false. So, that is the standard that the courts would look at to say whether or not the employer can be sued for defamation of character. You can see the statute I am referring to that the following link: http://www.lpdirect.net/casb/crs_old/8-2-114.html

Please feel free to ask for clarification after you have read the statute. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 26th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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