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Will the conversation be kept in confidential?

Lawyer's Assistant: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Employment Lawyer's and then gets published with the answer to help others with similar problems.

I have a question about the Release of Employment Information.

Lawyer's Assistant: Have you documented this or discussed it with HR?

I received a separation notice DOL-800 in Georgia. Now, I am seeking a job in MA. I have given a signed permission to release employment information to my prospective employer HR dept. Given this permission, can my prospective employer asks a copy of DOL-800 from my previous employer?

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

"at will and full time"

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Answered in 8 minutes by:
11/29/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,375
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience. The answer to your question is yes, they will be able to request the DOL-800. The DOL-800, as you know, is the document issue to all separated employees stating the reason for separation and length of employment for employees in Georgia. The only thing that prevents this document from being put forward is if it is involved in a slander/libel case under GA law. This document is filled out regardless of your reason for separation and it'd be up to your former employer to provide this information. I'm very sorry and I wish that I had better news. One thing that I can tell you as someone who had around 10 jobs before he turned 25, I have known that short of theft, assault, or some sort of fraud, you usually can explain away any situation. If the new employer likes you, what happened previously is often irrelevant.

Did you have any other questions for me?

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Customer reply replied 5 months ago
In Reason for Separation section, my reason says violation of company policy. If this reason was verbally asked by my prospective HR staff, can my former HR representative elaborate more on that reason? Is there any possible way not to disclose the reason for separation? Is there any state in US where this type of information can be protected and not disclosed?

Good question. Yes, they can elaborate on that reason, but the law requires that they be truthful and not distort the information in such a manner strictly to make you seem as if you were a terrible employee. However, the employer is not required to provide any additional information to them at all. The only kind of information that is generally protected are things like medical information or union activity. Otherwise, they can share, but they have to be careful.

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Customer reply replied 5 months ago
If I feel the reason for separation was not clearly understandable and comprehensible, what type of action I might consider? Do I have no choice?

Legally, there isn't much that you can do because employers have some right to discuss what a former employer did. There's only some rare exceptions like if they were engaged in things to protect national security or if there was an agreement between the employee and the employer that the employer would keep the information regarding the employment confidential. You may want to consider asking the former employer if they could please keep the discussion professional because although you are no longer planning on working in GA, you would appreciate if they could provide maybe a letter of reference or at least characterize your dismissal as one that was mutual rather than you being "fired."

Did you have any other questions for me?

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Customer reply replied 5 months ago
Thanks for your great advice. I have one last question. In Employment Experience section for my job application package, I need to select yes or no for "Eligible for Rehire". In my GA case, do I need to choose "no" to this question?

You're certainly welcome. Are you aware whether you are completely barred from working for that organization in GA again?

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Customer reply replied 5 months ago
No, I am not aware of that.

Gotcha. If that is the case, then you can mark yes you're eligible for rehire. If you were terminated, it doesn't mean that you could never work for them again unless they specifically said so. Did you have any other questions?

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Customer reply replied 5 months ago
No, I don't have any more questions for you. I do greatly appreciate your help and great advice. I am so glad to have an opportunity to get answers from you. Thank YOU!

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
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Experience: Licensed to practice before state and federal court
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