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WITHOUT my consent can my new employer ask previous job'sHR 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!

Asked By: Ww W - 3/4/2009
Best Answer - Chosen by Asker
If you tell them they cannot contact your current employer because it may threaten your current job before you can secure a new one, then they legally cannot contact them, BUT they are also allowed to decide not to hire you unless they can contact them.
Answered By: Carrie M - 3/4/2009
Additional Answers (6)
Yes of course. They aren't limited to just the people you want them to call. They wouldn't get a fair assessment of you if they did.
Answered By: misskate12001 - 3/4/2009
 
It's not illegal for your employer to give a reference, it is illegal for them to give you a bad one though. To ask for a reference without consent...I'm not sure on that one
Answered By: Saucy - 3/4/2009
 
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... More
Answered By: jason l - 3/4/2009
 
Employer'salso have the right to do background checks to include credit check too. Depending on the job...the thoery behind the credit check is that if someone has "bad" credit, there may be potential for higher risk of theft...in theory...
Answered By: JT - 3/4/2009
 
They have the right to ask for any information that may help them determine your suitability for the job.
Answered By: justme - 3/4/2009
 
Yes, companies have a right to cross check references. HR has a responsibility to check references for company liability and for truth. You be amazed how many people lie on their resume/application.
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Answered By: Cubs Girl - 3/4/2009
 
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