What Can Your Former Employer Actually Say About You in New York?
So, you're job hunting, huh? That's great news! But let's talk about the elephant in the room - your former employer. You’re probably wondering, “Can they say I’m a lazy, coffee-obsessed, meme-loving human who once accidentally emailed the entire company a picture of their cat?” Well, let's dive into the wonderful world of New York employment law.
It's a Free Country (Kinda)
You might think, "America, land of the free! My boss can't say anything bad about me!" And you’re partially right. While you do have rights, New York is one of those states that doesn’t have specific laws protecting employers from defamation claims when they give a reference. This means if they say something completely untrue and it damages your reputation, you might have a case. But let’s be real, proving that is easier said than done.
What Can They Actually Say?
Generally, your former employer can discuss:
- Your job title and dates of employment: This is pretty standard fare.
- Your job duties and responsibilities: Things like "managed a team of five" or "handled customer complaints."
- Your performance: Did you meet or exceed expectations? This is where it can get tricky.
- Your reasons for leaving: If you were fired, they can usually say that, but they can’t lie about the reason.
What They Can't Say
While there's no blanket protection for employers in New York, there are some things they shouldn't say:
- False or misleading information: If they flat-out lie about you, that could be a problem.
- Private or confidential information: Your medical history, personal life, or salary are off-limits.
- Illegal discrimination: They can't make negative comments based on your race, religion, gender, etc.
So, What Should You Do?
- Be prepared: Think about your time at the company and any potential areas of concern.
- Choose your references wisely: Pick people who will give you a glowing recommendation.
- Consider a reference check waiver: This gives you control over who can be contacted.
- Document everything: If you have evidence of wrongdoing, keep it safe.
Remember, while the situation isn’t ideal, it’s important to stay calm and professional. And hey, if all else fails, there’s always the option of becoming a freelance llama herder.
How To...
- How to prepare for a reference check? Anticipate potential questions and practice your answers.
- How to choose good references? Select people who know your work well and can speak positively about you.
- How to handle a negative reference? Document the information and consider legal advice if necessary.
- How to request a reference check waiver? Include a clear and concise request in your job application.
- How to deal with anxiety about references? Focus on your strengths and accomplishments, and remember that many employers use references as a formality.