Is it legal for my previous employers to tell a possible new employer I am not rehirable?

UPDATED: Nov 14, 2011

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Is it legal for my previous employers to tell a possible new employer I am not rehirable?

Asked on November 14, 2011 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is completely legal, unfortunately:

1) A company is free to make its own decisions as to whom is hirable, or rehirable (so long as it does not discriminate on the basis of race, sex, religion, age over 40, disability, etc.), so it is legal to decide that you would not be rehired.

2) Unless you had some sort of confidentiality agreement with your former employer (if you did, it may be enforced), they are free to tell anyone they choose whether they would or would not rehire you.

3)  The only thing they can't do is to make untrue statements of fact about you (e.g. claim you stole from them, when you did not), since doing so might be defamation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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