Legal Question in Employment Law in Pennsylvania

Former Employer Reference Disclosure

I was discharged from my former employer for performance. I was offered a job with a new employer but the offer was rescinded after information was released from my former employer. I had called my former employer previously to inquire as to what information would be released. I was told they would only release my service dates, salary, and job titles unless I came in and signed a form allowing them to release more information. My perspective employer had me sign a release form allowing them to contact my former company. My former employer used this as permission to release all information.

I have since sent a certified letter to my former employer permitting them to only give out the following information: Service Dates, Salary & Job Titles. My former employer said they will keep this on file and will adhere to my request unless they receive written notice from me stating otherwise. They also said if I sign a release form with a new employer I may end up in the same situation.

Would my certified letter override any release form they receive? Also, is there a law pertaining to what they can disclose?


Asked on 6/20/09, 2:04 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: Former Employer Reference Disclosure

There are several sources of laws. In the facts presented by your case, the laws are to be found in extractions from particular reported cases as compared to statutes or the Constitution itself.

Whether those case law holdings will protect you depends in large part whether what was said was true, as I would contemplate a normal defamation action were I your Attorney. Truth is a defense to slander or libel.

You may be additionally protected by a federal or Commonwealth statute upon closer scrutiny.

A good lawyer may only charge $50 for a consult should you have further questions that need addressed in confidence.

Good Luck.

TV

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Answered on 6/20/09, 4:38 pm


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