I was fired from my previous job, so should I answer "No" when asked can the previous employer be contacted? Just curious about how this would look.
I was terminated from my last job supposedly for "Misconduct" however it I was one of the most recognized and rewarded associates. I was terminated as soon as work became slow and at that time my company, a temp agency, started to suddenly terminate everyone. 50% of the people I worked with were suddenly terminated for misconduct. All of us were.
However, the Texas Unemployment Office after they had interviewed each of us stated it was NOT misconduct and they paid the claim. The company did not dispute.
So now I am looking for another job and am afraid of what the company will say. What should I do?
TO ALL OF YOU CORPORATE CHRONY REPUBLICANS: PLEASE READ BELOW:
(I Know that Employers "CAN" give out info but that they can "ALSO" be sued and Have been sued..SUCCESSFULLY..
References and Background Checks
1.The average telephone reference call will not yield much usable information – employers are concerned about being sued for giving unfavorable references.
2.Case in point: Frank B. Hall Company v. Buck, 678 S.W.2d 612 (Tex. App.-Houston [14th Dist.] 1984, writ ref'd n.r.e.), cert. denied, 472 U.S. 1009, 105 S. Ct. 2704 (1985) - terminated employee suspected former employer was bad-mouthing him behind the scenes - ex-employee hired private investigator to pose as a prospective new employer and call the former employer for a reference - investigator tape-recorded the employer making scurrilous and unprovable allegations about the ex-employee's character and honesty - jury decided that was defamation and awarded almost $2,000,000 in total damages to the plaintiff.
a.Note: under Texas law, it is legal for a person to tape-record a conversation without the knowledge or consent of others, as long as the person doing the recording is participating in the conversation.
3.All applicants should sign a waiver and release of liability form clearly authorizing prior employers to release any requested information to your company and relieving both the prior employers and your company of all liability in connection with the release and use of the information - see sample form for release of job information.
4.Whatever information an employer releases in connection with a job reference should be factual, in good faith, and non-inflammatory!
5.Similarly, it would be a good idea to restrict the release of information to whatever was requested – unless there is a compelling need to do so, try not to volunteer additional things that are not connected to the information requested by the prospective new employer.

