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Old 10-15-2008, 06:30 AM   #1 (permalink)
dlish
Currently sour but formerly Dlishs
 
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Location: Australia/UAE
Job References - Illegal

It's been brought to my attention that its illegal to give information away in the USA to potential employers of someone who used to work for you. ILLEGAL! i thought it deserved a mention in here to see what people thought.

i had never known that before. i'd never come across it. Dont even know if australia has this sort of law either.im pretty savvy when it comes to these laws, but in all honesty i would have broken it a few times if there was a law like this in australia.

so in saying this, i would have broken the law, charged and possibly convicted of a crime i didnt know (although if i played ignorant i may get away with it??). i'd then probably lose my job because i 'should have known better' and i cost the company money. i think its crap.

why cant i forewarn someone that the potential employee is just a total loser who comes to work late, doesnt do his work, distracts others, doesnt get alongw ith others, isnt suited for the job etc etc ect??? i think its only fair and is part of the networking process between companies.

this law has disturbed me. probably because i dont understand it and dont agree with it. so i had a few questions for the smart people of TFP.

what type of lawsuit can you be hit with? by the former employee i assume you can be hot with loss of earnings. but how would the ex-employee know anyways unless the potential employer snitched you in, though in essence you were doing them a favour by telling them about the attributes of your former worker.

then of course there is the 'off the record' conversation. is it not considered passing of information which is still illegal?

how can the ex-employee hit you with a lawsuit, even if they didnt have the job yet? im going to assume that its a part of torts law. but what injuries intentional or otherwise did the person recieve?

im still bamboozled by this law and im trying to get my head around the reasons for it.

anyone care to explain?
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