can they say I was terminated?

Nurses General Nursing

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If I get terminated from a facility, can that facility tell a prospective employer that I was and why? Should I just tell new employers myself? Should I tell new employers not to contact the firing facility? How does this all work? Suspended for a documentation error! Still no word if I am terminated or not, pending investigation. Don't they have to tell me what's going on? How long can they make me wait? Should I be applying to new jobs now, because I am! So sad and miserable. HELP.

The former employer may convey a negative message without being straight-forward to the new employer. However, I came across an article that said that some people choose to hire a third party-----an agency actually that "pretends" to be interested in hiring you and then they call the previous emplyer and asks about you. If they say more than what is allowed by law or if they destroy your reputation by creating lies, then that could be used as an evidence for a lawsuit. So if you are a professional HR person, why risk doing that? But of course I do understand that some people can be that evil-----which is sad.

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Specializes in ER.

Many years ago I filled in as Manager of a small ER in TN. I was told by HR manager that I could only verify employment dates and whether or not the person was eligible for rehire. It was their policy not to divulge confidential employee records.

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Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.
they can not say anything negative. in fact most will only answer if your are eligable for rehire, if asked. if they say anything else they are setting themselves up for a lawsuit.

this is incorrect information.

each individual institution has various policies on who gives information or what can be said. the bottom line is that the information given must be "accurate, truthful and well-documented information." this can be concerning the reason for their leaving as well as performance of duties and supervisor employee relationships.

"legal requirements- employers are not barred from sharing negative reference material. companies usually exercise caution in sharing profoundly negative information...... however, nothing except a specific employment contract will legally bar an employer from discussing the performance and dismissal reason of a former employee. according to labor lawyer mark hornack, "if the reference is not made with malice (knowing or reckless disregard for the truth) and if the reference is limited to legitimate business interests and to a legitimate business audience, the reference may enjoy a qualified privilege" against a claim of defamation by the ex-employee"

marc

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Specializes in Med Surge, Tele, Oncology, Wound Care.

I worked HR and all we were allowed to ask is dates employed and if they were eligible for rehire.

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Specializes in Med surg, LTC, Administration.
I explained this answer wrong ...thanks to another poster.

An employer can tell prospective employers about you and why you were terminated. However, the facility I worked at chose to only give dates of employment.

I apologize to the OP for making the wrong assertion. Good luck.

:)

Class never goes out of style! Peace!

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Specializes in pediatrics, public health.

Those of you who believe the myth that employers can only LEGALLY give out dates of employment and whether or not you're eligible for rehire should read the following (these are just a few examples of what you'll find if you google this):

http://jobsearch.about.com/od/backgroundcheck/f/whatemployerscansay.htm

http://blogs.findlaw.com/law_and_life/2010/01/speak-no-evil-what-can-your-former-employer-say-about-you.html

http://labor-employment-law.lawyers.com/wrongful-termination/Employees-Job-Termination-Rights-FAQ.html#9

http://money.usnews.com/money/blogs/outside-voices-careers/2008/09/22/what-to-do-about-a-bad-reference

Many employers have a POLICY to not give out more than dates of employment and rehire status, but there is no law, in any state in the US, that restricts them from giving out more info, as long as it's the truth.

Believe otherwise at your own peril...........

(to the OP -- no idea what the laws are in the UK, but I doubt it's different there -- not a bad idea to consult a lawyer though)

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Specializes in Hospice / Psych / RNAC.
That depends on your state.. In my state they can only give the dates you worked there and if you are eligible for re-hire and that is all..

My state is the same; can only ask if eligable for re-hire, dates worked and in what capacity (FT/PT etc...) and that's it. It's been my experience since I call and research references that former employers will volunteer information without being asked. It irritates me because the regulations are clear and to me these people are extremely unprofessional when they start blabbing. I always stop them and hang up; I know how the gossip train flows.

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My state is the same; can only ask if eligable for re-hire, dates worked and in what capacity (FT/PT etc...) and that's it. It's been my experience since I call and research references that former employers will volunteer information without being asked. It irritates me because the regulations are clear and to me these people are extremely unprofessional when they start blabbing. I always stop them and hang up; I know how the gossip train flows.

Thank you for clarifying this. I answered the question wrong and not by a legal standpoint. My comments were on what the facilities where I worked at actually did. I am glad posters did explain it correctly because I am actively looking for work. My job ended when I could not return back to work because I am on a restriction.

I was just trying to be helpful. Would also like to comment that I am not perfect.

Lessons learned tonight. I should not advice on legal issues. I have a lawyer of my own.

Second lesson ignore rude people. I have said enough. Thanks for all the great information from the posters who were nice and polite about it.

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Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.

i was just trying to be helpful. would also like to comment that i am not perfect.

go easy and gently on yourself. as a wise old mensch once said to me -

"we all make mistakes - we are all human and for those who don't think they are...then cut yourself and tell me what color do you see ?"

marc :)

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Specializes in Pediatrics.

Other places that I have worked that are not in the nursing field, I know of have only verified dates of employment and if eligible for rehire or not.

My last position that I resinged from was from a tech position in the ED, and when my manager put in the paper work to end my employment there was a paper I could sign that would allow them to disclose my last employee evaluation with anyone seeking a reference.

My manager said that they are doing that now in addition to dates of employment and if the wavier is not signed then to them it sends up a red flag, because my last evaluation was glowing I signed the wavier, so there are way around the just disclose the employment dates rule

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Specializes in Medical and general practice now LTC.

I think we need to verify that the OP is not in the US or in the UK. If they are in the UK then this would probably be better in the UK forum as laws and requirements will be different to the US

Just having a UK flag in their profile doesn't always indicate that is where they are. I have a UK flag in my profile but currently living in Canada, however I am a UKC and proud to state so, when I become a Canadian citizen I will change my flag although would be nice to display both

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Specializes in Medical and general practice now LTC.

Usually in the UK I have had to list all my work places and for reference I had to list my last employer. If the NMC becomes involved thhe employer will find out

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