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Is this illegal?

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nov04libride
big brother <3

Member since 5/05

14672 total posts

Name:
Me

Is this illegal?

I am starting a new job soon. Before I was offered the position, someone called my supervisor for a reference. During this call she told them I had planned vacation days during July (exact dates). It wound up not affecting their decision and I was offered the position, but is that legal? What she said could have affected their offer.

ETA: It's 5 days vacation, but my new supervisor said my boss was kind of rude about it, like "Do you want her knowing she will be out a week as soon as she starts?"

Message edited 6/15/2006 1:19:16 PM.

Posted 6/15/06 1:18 PM
 
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FireIslandLove

Member since 5/05

12119 total posts

Name:

Re: Is this illegal?

Why would she do something like that? And I don't think its illegal. You willingly gave that person as a reference so anything they say during that call is up to them (I think at least).

Posted 6/15/06 1:19 PM
 

nov04libride
big brother <3

Member since 5/05

14672 total posts

Name:
Me

Re: Is this illegal?

Posted by FireIslandLove

Why would she do something like that? And I don't think its illegal. You willingly gave that person as a reference so anything they say during that call is up to them (I think at least).



I think she is really just odd. If she doesn't like me, give a great rec. and get me out of here. If she does like me, be more supportive of me. She is acting like a jilted boyfriend. This isn't personal, it is WORK.

Message edited 6/15/2006 1:22:06 PM.

Posted 6/15/06 1:20 PM
 

SweetestOfPeas
J'taime Paris!

Member since 3/06

32345 total posts

Name:

Re: Is this illegal?

Posted by nov04libride

I am starting a new job soon. Before I was offered the position, someone called my supervisor for a reference. During this call she told them I had planned vacation days during July (exact dates). It wound up not affecting their decision and I was offered the position, but is that legal? What she said could have affected their offer.

ETA: It's 5 days vacation, but my new supervisor said my boss was kind of rude about it, like "Do you want her knowing she will be out a week as soon as she starts?"

your SOON TO BE former boss is a realy beyotch! Chat Icon

As far as I know, there is no law that they can’t not hire you because of a vacation. If a company wants you badly enough, they should be fine with it. if they’re on the fence about hiring someone, that could be a deal breaker.

I don’t think your current boss did anything illegal

Message edited 6/15/2006 1:33:51 PM.

Posted 6/15/06 1:32 PM
 

LFitzy79
can hardly wait

Member since 5/05

2650 total posts

Name:
Lauren

Re: Is this illegal?

yes, that's illegal. they are only suppose to answer whether or not you worked there, and if you were fired--

eta: I just double checked with my supervisor, Chat Icon she said that it's just supposed to confirm the employment, and that's it. What your supervisor did was totally inapproprate.

Message edited 6/15/2006 2:02:18 PM.

Posted 6/15/06 1:57 PM
 

NoStressMom
My Heart and Soul

Member since 5/05

11122 total posts

Name:
D

Re: Is this illegal?

Posted by LFitzy79

yes, that's illegal. they are only suppose to answer whether or not you worked there, and if you were fired--

eta: I just double checked with my supervisor, Chat Icon she said that it's just supposed to confirm the employment, and that's it. What your supervisor did was totally inapproprate.



Correct

Posted 6/15/06 2:03 PM
 

nrthshgrl
It goes fast. Pay attention.

Member since 7/05

57538 total posts

Name:

Re: Is this illegal?

I'm not sure it's illegal but anything outside of confirming the dates of employee puts a company at risk for possible lawsuits. If he slandered you, it wouldn't be illegal either - ti just opens them up to civil actions. Telling a reference you're taking vacation isn't slander.

He's still a jerk for doing it. Glad it didn't affect your new job. CONGRATULATIONS!Chat Icon Chat Icon Chat Icon Chat Icon

Posted 6/15/06 2:03 PM
 

nov04libride
big brother <3

Member since 5/05

14672 total posts

Name:
Me

Re: Is this illegal?

Thanks everyone. I would never pursue anything legal, but it just really upset me that she was trying to ruin my chance at leaving.

Posted 6/15/06 2:04 PM
 

suvenR
designer mutt

Member since 5/05

4239 total posts

Name:

.

.

Message edited 10/4/2006 7:13:52 PM.

Posted 6/15/06 2:08 PM
 

nrthshgrl
It goes fast. Pay attention.

Member since 7/05

57538 total posts

Name:

Re: Is this illegal?

If you want to get back at her - send a certified "legalish" sounding letter to the HR department.

Posted 6/15/06 2:09 PM
 

MrsERod
Praying for Everyone.

Member since 5/05

26170 total posts

Name:
MrsERod™®

Re: Is this illegal?

Posted by nov04libride

I am starting a new job soon. Before I was offered the position, someone called my supervisor for a reference. During this call she told them I had planned vacation days during July (exact dates). It wound up not affecting their decision and I was offered the position, but is that legal? What she said could have affected their offer.

ETA: It's 5 days vacation, but my new supervisor said my boss was kind of rude about it, like "Do you want her knowing she will be out a week as soon as she starts?"



yes, that is illegal. she is only supposed to provide dates of employment, and position held. nothing else.

Posted 6/15/06 2:23 PM
 

MsMBV
:P

Member since 5/05

28602 total posts

Name:
Me

Re: Is this illegal?

Posted by LFitzy79

yes, that's illegal. they are only suppose to answer whether or not you worked there, and if you were fired--

eta: I just double checked with my supervisor, Chat Icon she said that it's just supposed to confirm the employment, and that's it. What your supervisor did was totally inapproprate.


Yeah I just asked my friend here in HR. A reference at work is only to provide proof of employment duration, and also of the position held and if there were any raises/promotions or other types of recognition during employment.

Posted 6/15/06 2:31 PM
 
 

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