Quote:
Originally Posted by highthief
In most jurisdictions they can, but tend not to, for fear of a lawsuit. The terminated employee may have been lazy and shiftless, but if you tell a potential employer that and the guy doesn't get the new job, best get the lawyer on the line!
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You are right on the nose. Employers are free to say what they want. They don't because it isn't worth it from a potential liability standpoint. That doesn't change the fact that they are free to say what they want.
Johnny Rotten: once you get past your anger, which is a reasonable, human emotion to have after something like this, you would benefit greatly in trying to understand why your previous boss felt you weren't a good fit. Failing to understand what really happened means you might walk into the same situation in the future. You'll never know what you "did wrong" in their eyes, how to possibly change that in the future and how to avoid working for someone that might cause potential conflicts.
On another note, most companies have a system of warning to let you know your performance isn't up to their expectations. This doesn't apply in the first 90 days of employment. If you weren't in your first 90 days and failed to receive any documented indications that your performance wasn't meeting expectations, you have a an opportunity to sue. An attorney would help you determine what grounds on which to sue. Worst case you might receive a payoff of $10-20K to go away. Many attorneys will handle this sort of thing on a percentage basis, meaning no out fo pocket for you.