this post was submitted on 06 May 2025
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[–] [email protected] 1 points 20 hours ago (1 children)

If you do get fired, and your employer flags you as “not eligible for rehire” that’s a big chunk of your career you can’t reference anymore because its now a black mark.

Legally the business cannot say anything whatsoever about job performance or any reason behind hiring in terms of employment verification, at least where I am in Massachusetts. Employment verification here can only say dates of employment, starting job title and ending job title. Nothing else. If they say more is a massive liability and absolutely anybody can call up asking for employment verification, there's no vetting.. so getting caught telling more information is very possible.

Being banned from employment from one employer doesn't usually do anything, and again, if you didn't have a job to begin with and needed that foot in the door, and old small-midsize company that has zero real power, influence or clout beyond their domain will have zero impact on your job prospects. If you never get past offer phase it's unlikely.

If you're in a highly specialized field where there's only a handful of people who can do your job then yes, EVERYONE in that field probably knows just who you are! But you can't fake it till you make it at that level. low level managers and early-mid career white collar roles? Yeah you can bullshit your way through a lot of those.

[–] [email protected] 1 points 18 hours ago (1 children)

Legally the business cannot say anything whatsoever about job performance or any reason behind hiring in terms of employment verification

Saying "no eligible for rehire" is enough to poison your reference.

[–] [email protected] 1 points 6 hours ago

Saying “no eligible for rehire” is enough to poison your reference.

HR departments are routinely told not to disclose that information by legal because it can result in a defamation lawsuit.

it's not illegal for a prospective employer to ask the employee or formal employer that question, sure. A former employer would be putting their neck on the line though, because anybody can call your employment verification line. Very, very often employment verification is outsourced to eliminate any possibility of this liability.

If the policy is to never provide that information and you never provide it, you never have to go to court to prove that they are not re-hirable for a legitimate reason as a defendant in a defamation lawsuit. Background checks are typically not performed until an offer is on the table with a contingency for the former. Again, in massachusetts, the outcome of a background check must be legally provided to the one under scrutiny. If the thing that doesn't check out is that employer's statements, the evidence is right there. Lawyers drool over this shit.