Legal Question in Employment Law in Texas

Reason for not hiring?

I once worked for a boss, that, if he wanted to get rid of a non productive employee, would wait for the person to apply for another job and then provide the following reference. ''You cant have him, he's too valuable to me.'' This would nearly in every case guarantee the persons hiring elsewhere. The boss would easily move out a non productive employee this way without having to fire him. I have a simular situation in reverse.

I have recently applied for a job with a major auto manufacturer. I have a suspicion that my current employer, who has gave me high marks on company evaluations, has been approached by this manufacturer for a reference, and has givin me an unfavorable reference in an effort not to loose me to some other company. I belive that it is very possible that I may be in a situation opposite of the scenario described in the first paragraph. I believe he wants to keep me far more that I want to keep him and his company, and he is doing this with my reference seekers in an effort to scare them away.

Here is the question: Is there any law that makes it mandatory upon request for this auto manufacturer to tell me if my references had any thing to do with my rejection for employment?

Thank You for your response.


Asked on 12/07/05, 8:43 am

1 Answer from Attorneys

Re: Reason for not hiring?

Although, it is not suppossed to happen, on occassion a reference will give a bad recommendaton and cause you to lose a job prospect. It is sometimes difficult to get the job prospect to volunteer that communication and to add that it was the reason you did not get your job. Your best bet will be to call a reference checking company. What they can do for you is call your references and verify they are giving good information. If they are giving misleading information or a bad reference you may be able to successfully sue. There are a couple fo companies that we know that can assist in such matters. If you decide to use a reference checking company, we will be happy to email you a couple of names.

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Answered on 12/07/05, 9:07 am


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