Employment Law

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I recently applied for a job and have been contacted by the…

Customer Question
I recently applied for...

I recently applied for a job and have been contacted by the employer that they are considering me as the POSSIBLE canidate for hire. I have not been told that the job offer is mine. They contacted me via phone and email to ask that they be able to talk to my present supervisor for a reference. I did not indicate on my application my present supervisor as a reference as I don't want them to know I am looking for a job. I have a good track record with my present employer but I am uncomfortable with this possible new employer talking to my boss. If something is said wrong about me by my present boss and I am not offered this new job are there grounds for sueing? I feel this new employer is putting me in a bad spot and have never been asked to contact a current boss for reference? please advise.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time

Submitted: 8 months ago.Category: Employment Law
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12/21/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,558
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

It would not be illegal for your present employer to share unflattering opinions about you, or any true but unflattering statements of facts. In fact, the law actually provides employers with special protections in such circumstances. The law would only prohibit your employer from making false statements of objective fact about you (i.e. claiming that you tested positive for cocaine when you never took a drug test)

It is generally uncommon for a prospective employer to request to contact your current employer if you are still employed there, especially if you did not specifically indicate this was okay. Most employers will understand if you tell them that you'd rather they not speak to your current employer because your current employer doesn't know you're looking for new work and you don't want to damage your relationship. That may be the best way of responding, especially if you have any doubt as to whether you will receive a positive reference.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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