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Does a former employer have to answer if you would be

Does a former employer...

Does a former employer have to answer if you would be rehirable during a reference check?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

A staffing agency has called my former employer about this and "stated the HR must tell them if you would be rehirable" I believe the former employer has a policy only to state dates hired, terminated, etc. In my situation, I allowed the employer to terminate me in hopes of attaining unemployment-----I did not achieve this. I did have my resignation letter available, but opted termination. Also can I after the fact, submit resignation to replace the termination- please advise

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes at will, no union-----it was a financial institution

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

My last couple of positions I was terminated as CEO at a credit union, as a reduction in force and my position was not replaced--- how to I position that?

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Answered in 1 minute by:
6/7/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,353
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good afternoon,

There is no law that requires an employer to answer if an employee would be rehirable or not. In fact, they do not have to even talk to anyone at all if they don't wish to.

You can submit a resignation letter after the fact, but your employer does not have to accept such a resignation.

As far as the termination, you could say that you were let go due to a reduction in force and due to the downturn in the employer's business, they have not yet replaced your position (that actually works in your favor).

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Customer reply replied 2 months ago
should I be leary of this staffing agency, or can I forward your response as a valid reason the employer wont respond to their inquiry?

(Sorry, having some internet issues).

I don't think you have to be leary - many employers are very careful about what information they disclose to employers because giving statements out that could be false -or argued were false -could lead to litigation for defamation by a former employee.

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There is absolutely no law that requires this information be disclosed. Many, many employers will give dates of employment and perhaps salary. But stating "yes" or "no" if they would rehire a person without going into specifics as to why (if no) --which is something employers want to avoid -isn't really helpful. Hence limiting what most employers will disclose about former employees.

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Customer reply replied 2 months ago
hello, my husband and I are self employed in farming......in the fall I plan to be a consultant for Danya for evaluation of Head Start programs traveling throughout the US from Oct thru April each year......they are advising as an independent consultant I must carry workers comp----do I need to do this separately or can the workers comp for our farming entity suffice?
Customer reply replied 2 months ago
I am an officer in our farming entity, but not named as the insured

This is a entirely separate, unrelated legal question, and per site rules, should be posted as a new question. Thank you.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,353
Experience: Experienced in multiple areas of the law.
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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.

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