Abandonment
#31
Senior Board Member
Join Date: Oct 2005
Posts: 3,589
Originally Posted by inmate1577
Previous employers CANNOT offer more information than what is requested. They also cannot give the reasoning for a firing. All they can say is "will not rehire"
If they give a reasoning for hire, its easy to cross that slippery slope into slander and if its just some HR dept that the prospective employer is calling, saying "joe blow was fired for abandonment" is actually a matter of opinion. You are quoting these statements as matters of law; I have been an employer for over twenty five years, and based upon the advice that I have received from my attorneys (to the tune of $250. per hour, plus expenses, or even higher fees, in some cases!!) I know of no such laws. Could you offer a decumented, credible source for your information?? Based upon our findings, The Truth is an absolute defense to allegations of Slander, Libel, and Defamation of Character. In order to sue and win in a court of law, the Plaintiff/Complaintant must show that the Defense/Respondent made allegations and/or derroggatory statements "With knowing, wanton and wreckless disregard for the truth". With the shifting in Judicial balances and temperaments over the past 25 years, laws and court rulings which restrict what an employer or a past employer may state about an employee or former employee have shifted considerably to the favor of the employer. As a matter of policy, some companies will restrict what information they reveal about an employee or former employee; that was to avoid the cost, demands, and inconveniences of litigation. That veil of defense has now been successfully punctured by the courts, as companies have been successfully sued for failure to make certain disclosures that would expose the public at large to danger, or expose potential or future employers to increased exposure to monetary loss, or increased liability exposure. Consequently, regarding the status and records of present or former employees, and in relation to responding to inquiries by prospective employers, more employers are revealing incidences and patterns of eggregious conduct that are properly documented and sustained by evidence. Stevens wouldn't have too much to worry about by revealing the abandonment to a potential employer as long as the abandonment charge could be sustained by the preponderance of evidence.
#32
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Join Date: Oct 2005
Posts: 3,589
Originally Posted by inmate1577
Actually any former employer under the law cannot give out any information as to why the former employee quit or the reasons.
All the former employer can offer is dates hired/fired and if they would rehire. This is no longer the case; there was a time when companies and employers were held to more rigid standards in what they were permitted to disclose, and IIRC, in California and, I believe, Massachusettes, there were state laws that placed certain restrictions upon what employers were allowed to disclose. Overall, though, these were not matters of laws, but rather, they were matters of legal precidents, which are very different from laws. As for the abandonment being "a matter of opinion", that would depend upon the documentation to support the allegation.
#33
Originally Posted by Useless
Originally Posted by inmate1577
Actually any former employer under the law cannot give out any information as to why the former employee quit or the reasons.
All the former employer can offer is dates hired/fired and if they would rehire. This is no longer the case; there was a time when companies and employers were held to more rigid standards in what they were permitted to disclose, and IIRC, in California and, I believe, Massachusettes, there were state laws that placed certain restrictions upon what employers were allowed to disclose. Overall, though, these were not matters of laws, but rather, they were matters of legal precidents, which are very different from laws. As for the abandonment being "a matter of opinion", that would depend upon the documentation to support the allegation. your opinion on the matter of opinion has been duly noted and it is my opinion that nobody gives a :dung: but, that is only my opinion. I shall wait to hear from your attorney :mrgreen:
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#34
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Join Date: Oct 2005
Posts: 3,589
Originally Posted by Fredog
Originally Posted by Useless
Originally Posted by inmate1577
Actually any former employer under the law cannot give out any information as to why the former employee quit or the reasons.
All the former employer can offer is dates hired/fired and if they would rehire. This is no longer the case; there was a time when companies and employers were held to more rigid standards in what they were permitted to disclose, and IIRC, in California and, I believe, Massachusettes, there were state laws that placed certain restrictions upon what employers were allowed to disclose. Overall, though, these were not matters of laws, but rather, they were matters of legal precidents, which are very different from laws. As for the abandonment being "a matter of opinion", that would depend upon the documentation to support the allegation. your opinion on the matter of opinion has been duly noted and it is my opinion that nobody gives a :dung: but, that is only my opinion. I shall wait to hear from your attorney :mrgreen: My opinion most certainally DOES MATTER, and if you do not believe me, or have ANY DOUBTS about that, then just ASK ME!! 8)
#35
Originally Posted by Useless
Originally Posted by Fredog
Originally Posted by Useless
Originally Posted by inmate1577
Actually any former employer under the law cannot give out any information as to why the former employee quit or the reasons.
All the former employer can offer is dates hired/fired and if they would rehire. This is no longer the case; there was a time when companies and employers were held to more rigid standards in what they were permitted to disclose, and IIRC, in California and, I believe, Massachusettes, there were state laws that placed certain restrictions upon what employers were allowed to disclose. Overall, though, these were not matters of laws, but rather, they were matters of legal precidents, which are very different from laws. As for the abandonment being "a matter of opinion", that would depend upon the documentation to support the allegation. your opinion on the matter of opinion has been duly noted and it is my opinion that nobody gives a :dung: but, that is only my opinion. I shall wait to hear from your attorney :mrgreen: My opinion most certainally DOES MATTER, and if you do not believe me, or have ANY DOUBTS about that, then just ASK ME!! 8) when I want your opinion, I will give it to you
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#36
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Join Date: Oct 2005
Posts: 3,589
Originally Posted by Fredog
your opinion on the matter of opinion has been duly noted and it is my opinion that nobody gives a :dung: but, that is only my opinion. I shall wait to hear from your attorney :mrgreen:
Useless: My opinion most certainally DOES MATTER, and if you do not believe me, or have ANY DOUBTS about that, then just ASK ME!! 8)[/quote] Fredog: when I want your opinion, I will give it to you[/quote] Useless: AS IF!!! Fredog, I see what you are trying to do here, and I resent the Hell out of it!! You are trying to make me look like an idiot in front of all these people who are following this thread................... .........Well, I've got news for YOU, Fredog!! I don't need YOU to make ME look like an idiot!! :P
#37
Originally Posted by inmate1577
Previous employers CANNOT offer more information than what is requested. They also cannot give the reasoning for a firing. All they can say is "will not rehire"
If they give a reasoning for hire, its easy to cross that slippery slope into slander and if its just some HR dept that the prospective employer is calling, saying "joe blow was fired for abandonment" is actually a matter of opinion. I think you are confusing DAC with checking references. DAC limits what you may put in a drivers file. It is pretty much multiple choice. You can ask a former employer anything you want. The former employer can say anything he wants about the former employee. The reason so many employers are careful about what they will say is litigation, as someone else stated. I would have no problem telling someone who calls to check on a former employee the truth. If people don't want bad things said about them then they should do what is right. Abandoning a truck, stealing, etc., is not right. All you have to do in order to get a good reference is the right thing. If you abandon your equipment or steal from your employer, then I think that information should be passed along to a prospective employer. After all, if someone behaves in a certain manner once, then he is likely to do the same thing again. He will continue with the same behavior until he is stopped.
#39
Originally Posted by Useless
Originally Posted by Fredog
your opinion on the matter of opinion has been duly noted and it is my opinion that nobody gives a :dung: but, that is only my opinion. I shall wait to hear from your attorney :mrgreen:
Useless: My opinion most certainally DOES MATTER, and if you do not believe me, or have ANY DOUBTS about that, then just ASK ME!! 8) Fredog: when I want your opinion, I will give it to you[/quote] Useless: AS IF!!! Fredog, I see what you are trying to do here, and I resent the Hell out of it!! You are trying to make me look like an idiot in front of all these people who are following this thread................... .........Well, I've got news for YOU, Fredog!! I don't need YOU to make ME look like an idiot!! :P[/quote] Well!! see if I try to help you anymore, you ungrateful""((*&%$%
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#40
Senior Board Member
Join Date: Oct 2005
Posts: 3,589
Fredog:
My "Useless" opinions are what they are!! Better be careful around here!! Word has it that one of the mods just got back from K-Mart with a new flashlight, batteries, and a notepad and pen!! The expensive one's too!! ![]() Se ya' on the banned canned ham radio!! Seriously though, Have a good run and a safe week!! :wink: |


