giving up legal rights
After spending most of an hour filling out an online application, on the very bottom of the very last page, were several boxes that had to be checked before being able to submit the application. One of these boxes was to allow permission for former employers to reveal any details about work or to express any impressions or opinions they had, regardless of what they were. Another was to state that the applicant would give up all rights to redress, no matter what they said, even if it was slanderous. It's pretty amazing that a company should start off by asking an applicant to agree to let a former employer say anything they wanted, even if it wasn't true. What if they called and encounted a former co-worker with a grudge? My understanding is that labor law allows former employers only to verify dates of employment, position held and salary range. Presumably the company is trying to cover its liability and it may be legal for the them to ask that permission, but it certainly is a questionable practice and at least comes close to crossing the line of ethical practice. The solution would be for them to simply conform to proper practices. But, it would appear that the company is not interested in a fair, equitable relationship with employees. Shame on them - or any employer - who would treat people that way. Sure am glad I found out before going to work there. I could not agree with you more, but managers on these Forums will tell you that employers can do and say anything they please.
Bunzo Cool your jets. First off, you're wrong on this point: My understanding is that labor law allows former employers only to verify dates of employment, position held and salary range. Unless there's a specific law to that effect in your state, an employer can say whatever they want as long as it is true, or they believe it be true (therefore, not slander). So, if you were out 1 day a week for 5 weeks out of the year they could say: Tom had good attendance. Tom had fair attendance. Tom was out quite often. Tom was out 5 times last year (without mention the length was only 1 day each). Tom was out several times last year, we were concerned there might be some other sort of problem. ... You can see how the same objective data can be related in many ways. Now realistically, many companies only verify dates, salary, position, eligible for rehire, reason for leaving or some combination of those, but that's company policy, not law. The company you applied to is asking for the waiver so that they can get something from your last employers in case those employers require something from you first (which again, many now do). It is certainly your choice to apply or not, but if this kind of waiver is your guideline, you're going to seriously narrow your job application field. Tess You have no control over what past employers say about you, whether you check the box or don't check the box. The company is just trying to cover its behind. It's just another of those blanket waivers we assume every day ("THIS CONTRACT LIMITS OUR LIABILITY" in parking garages). As far as slanderous statements, even if you didn't sign a waiver, what could you do about it? Your only recourse is to sue the slanderer. Would you really do that? There is no criminal penalty for slander. Checking a box would not preclude you from suing. The fact that you checked it would be brought up at trial, but I doubt if a judge would throw out your slander case. So basically, I think it's harmless. But that's just MHO.
You're right, Bunzo. That's exactly what they say. Thx for the support. It really doesn't mean a thing if you sign it or not. There is not a law that I know of (I work for a law firm who specializes in labor and employment law). The reason employers tell their people to just give name and rank is to avoid any litigation that could possibly come out if an employee goes too far and does give too information or the wrong information on a reference check. As long as the information is true, the employer can say what they want. | |
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