We Want To Get But Not Give

What a dilemma! We all want to get information from references, but we do not want to give out information about former employees. Most people are afraid of legal action. You probably won’t have problems, as long as you stick to the truth and only discuss information pertinent to the job. Don’t give out any false information, where you slander the applicant. Don’t divulge information that is confidential or personal, or reveals protected characteristics. Finally, don’t mislead inquirers about a dangerous person. This is one you should check with your attorney about. If you hold back information about a violent person or make them seem really great, you could be in for a negligent hiring referral lawsuit.

How Bizarre Can Things Get?

Just when you think things can't get more bizarre....It seems that those that hire illegal aliens have something else to worry about. If you hire illegals, your firm can actually be sued under the RICO Act by another competitor, because hiring illegals reduces your cost and results in unfair competition. Yes, companies can sue competitors who hire illegal aliens. Imagine your competitor spying on you so they can prosecute you! It happened between two cleaning companies, and the Federal Second Circuit Court upheld it. Convictions and penalties under the RICO Act can easily put you out of business--especially if you are a small business.