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TABLE: When Asked About a Former Employee...
If you disclose... The potential legal consequences are...
Name, title, dates of service No liability if information is true
and all ex-workers are treated equally.
The employee was fired for Recent cases indicate there is no liability.
dangerous conduct But failure to disclose may create a
liability.
Information related to sex, A complaint could be filed with the Equal
race, age, or any other Employment Opportunity Commission, and a
classification protected by lawsuit could follow.
federal law
Factual reasons for termination, Could lead to a defamation suit, especially
such as poor attendance if you add opinions or interpretation.
The worker complained about Could provide grounds for a suit charging
you to any governmental body retaliation.
Suspicions of a medical Possible liability under federal disability
condition law.
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Updated June 15, 1997 by bwwebmaster
Copyright 1997, Bloomberg L.P.
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