this post was submitted on 06 May 2025
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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.