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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19011
Experience:  Employment/Labor Law Litigation
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After resigning from a company can your former employer

Customer Question

After resigning from a company can your former employer contact your new employer and give a bad reference and forward personal records to the new company?
Later refuse to pay commissions due?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The employer is legally allowed to say anything true, including giving a bad reference if that is their opinion. They can't make up facts, and if they did that then you should sue them for defamation of character.

As for the personal records, that really depends on what you are talking about. Most of one's personnel file has no confidentiality attached to it at all. Things with your social, bank information or medical records do, but other records do not and it wouldn't be illegal to forward them.

Finally, if you had completed the work necessary for the commission but just hadn't stayed through when they pay, you are owed the commission. You should file a wage complaint with your state's department of labor.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 8 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.