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Ww W asked in Business & FinanceCredit · 1 decade ago

WITHOUT my CONSENT,Is it legal for a new or prospective employer to ask my previous job’s HR for reference ?

Is it legal for a new or prospective employer to ask my previous job’s HR for reference WITHOUT my CONSENT?

Without my consent, is it legal for my previous job’s HR to give a reference?

Any help would be appreciated!

11 Answers

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  • 1 decade ago
    Favourite answer

    Yes totally legal

    some application forms have a box for not contacting previous employers for references but this only applies PRIOR to an interview , once you have had the interview they can then contact them

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  • Asia
    Lv 4
    4 years ago

    Your prospective employer may check with your previous job's HR for references. However, it is your former employer that is unlikely to share more than your time worked and position held. The last thing they want is for you to have any reason to seek legal action against them. So in short, your former employer typically does not go into detail about you or your job performance. Potential suit of slander or libel if you were to learn that from your prospective employer.

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  • 1 decade ago

    Of course it is Its common practise among most employers.

    Lets face it . What real use is a written reference

    If its a poor one , you wont want to show it.

    If its a glowing one it makes the prospective employer wonder why your leaving

    Take heart from the fact ,that if your prospective employer is asking for a personal reference ,then they are interested in you

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  • 1 decade ago

    get real - the 'old boys' network will be put into use as well. People want to know what kind of risk you are and they will do anything reasonable to find out. If you requested that your referees not be contacted before you were offered a position they should respect that - otherwise they are within their rights to seek a reference from your previous employers.

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  • Anonymous
    1 decade ago

    yes it's legal. it must be a worry to you though if your last job was the pits! and your manager was an idiot, I 've known a manager like that she was absolute hell to work with, as unpleasant and nasty piece of work you could get who thought good humour was belittling people and though married she was a real whore having affairs with other married employees. There's little chance of getting a fair reference with someone like that.

    Edit: have you thought about just skipping the last employers reference and giving the address of the job before that if you think you'd have a better chance? That's what i have done in the past and it worked.

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  • dzerjb
    Lv 6
    1 decade ago

    Legal yes, but not ethical. Unfortunately many HR departments ride roughshod over the interests of employees & they're experts im manipulating grey areas of law in their favour. Take this as a warning about the quality of your proposed/new employers & look elsewhere if you can.

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  • 1 decade ago

    Sure why wouldn't it be? You don't have a "right" to privacy regarding your work performance, an employer may ask previous employers how you did with our without your "consent".

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  • Anonymous
    1 decade ago

    Yes,that's how they find out about you, a testimonial from your mother is not enough...even if you said "No"....that would indicate to the prospective employer that you had something to hide so he would give you a wide berth.

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  • 1 decade ago

    If you have given them as a reference - then you have implied consent to contact them.

    If you have not given them as a reference, then i`m not sure - but why would you be against it, if you have nothing to hide?

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  • Anonymous
    1 decade ago

    Yes unless you specifically told them not to, i.e. ticked the 'NO' box in the application form. The fact they did is a good sign that they are interested. If they didn't contact them, then they wouldn't be considering your application seriously.

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