New Job Woes
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You are currently reading a thread in /adv/ - Advice
You are currently reading a thread in /adv/ - Advice
Looking for advice as to a potential conflict between a previous employer and prospective employer. Any knowledge as to how this prospective employer might contact my previous employer would be greatly appreciated.
So basically my problem is sharing information that is sensitive - I think legally protected - between the two businesses. While I was working for my previous employer, I was screwed over by some people and ended up having to deal with legal consequences. My previous employer is aware of this, and I'm trying to figure out if it's legal for them to disclose personal information such as my legal battle and otherwise. Job application for the prospective employer has legal wording that is somewhat ambiguous, but ultimately makes it so they're legally invincible during their phone conversation, as they are simply sharing information >"concerning my previous employment, education, driving history, financial history, or any other information they might have, personal or otherwise, with regard to the subjects covered by this application." which might include legally sealed/protected information.
Simply put, I'm hoping that my previous employer does not disclose information that might harm my chances of future employment.
As to whom specifically would be involved in this communication, that's why I'm asking. There are people that I've known at my previous work that'd speak as to my good character, including my immediate supervisor or immediate coworkers. If anyone of any higher rank within my previous work is contacted, than I might have reason to worry.
So is it legally allowed to disclose sealed/protected information, when the people doing the talking were not involved in the legal battle?
>By "sealed/protected" I mean that in my state/country the legal/criminal records of minors is legally protected when they turn eighteen. In my case, it's sealed by the court and age.
Bump?
Trying to imagine a worse case scenario, which isn't actually so bad in the short-term.
The worst that might happen would be rejection of employment.
Will check thread in maybe 2 hours-ish, thanks in advance for any insight.
Damn, slow board.
stem cell
programmer
trade school apprenticeship
college (if you like no making money)
university (if you like being in debt and no job)
>>17347184
>I won't tell you where I'm from
>but is this legal
>>17347657
American, Jersey.
It's quite unfortunate.
>>17347641
Not quite sure what you mean by listing these . . Are they places/things where the info would be shared for sure?
>>17347184
Lawfag here.
There is a lot of information that is protected by the equal opportunity act but unfortunately if this information isn't used to refuse hiring you due to race, sex, gender, age or orientation there isn't much you can do.
Lawsuits and convictions are a matter of public record, therefore there is no reasonable expectation of privacy.
Having a sealed record does not mean that people involved in the incident are not allowed to discuss it and if your prospective employer feels like the information they have gathered directly affects your ability or qualification to perform a job they have every legal right to turn you down. This doesn't even include the fact that if your prospective employer has a morality clause somewhere your personal life could even be a contributing factor.
The long and the short of it is, unfortunately, there isn't much you can do. Sealed criminal records aren't tantamount to a gag order. You have no legal action to prevent those individuals from talking about said legal incident they were involved in unless they information they give is false.
Employers spend a lot of money drafting legally ambiguous disclosure clauses to ensure they're protected in situations exactly like this.
Basically, you're fucked.
>>17347184
Without knowing which countries laws you're subject to I can't say for certain, but in a lot of western nations you're not allowed to give a bad reference. For instance in the UK if you're asked to provide a reference for someone it's a criminal ofence to say anything that might harm their chances of getting the job. You either have to give a good reference or a mediocre reference. The only other option is to decline to give one at all, which is generally how the manager at company A tells the manager at company B that the guy is a sack of shit and shouldn't be hired without ending up in court.
