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Are there any attorneys out there who are involved in employment law that will answer a question I have?
Listen, I worked at a resort in Montana for 5 months where I had been given outstanding performance evaluations, fufilled my contract, never been suspended, and had managers giving potentiall employers good references on my behalf. Lets make it clear that I was never terminated okay? I had been written up twice and was never given any indication that I am not ellgible for rehire until over a year later today. If I would have known that human resources would have given me a bad reference I would not have put this company down on my application for I am sure it has cost me many job opportunities. Exactly what types of information are Montana employers allowed to give out on their employees?
You need to list this employer on your application/resume in case the prospective employer does a background check. If you leave the employer off and it comes up on the background check, even if you have already been hired, you may be terminated for lying on your application/resume. Honesty is the best policy.
In today's society normally smart employers would only provide the following information with respect to a reference; the dates of employment, position, ending salary. Most prospective employers will try and ask what the rehire status is hoping the previous employer will divulge the information. Normally, previous employers only make record of the rehire status for internal purposes. Such may be in the instance of your employer, if it is a chain of resorts they would want to keep this information on file to make sure another resort within the chain did not hire you.
Unfortunately, the only way you can prove that you have not obtained many prospective positions due to your past employer disclosing negative references is if you ask the prospective employer straight out if you were not hired due to your former employer's reference or have someone call who is believable enough to be performing a reference check on you for a job and see for yourself what information is being given to prospective employers.
If proven, which is difficult as I have mentioned above, then you can file a cliam against your former employer for preventing you from willfully gaining other employment with the Department of Labor.
Best wishes.
Law Videos - Employment Law - Chapter 18
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