RevengencerAlf t1_jc0p471 wrote on March 13, 2023 at 4:28 AM

Reply to comment by Hoosac_Love in Can a former employer mention that someone was let go in a reference in Massachusetts? by Limulemur

>I believe on thing that is true is that future employers can not contact
a past employer without your permission unless you give them as a
reference

This is known as "backdoor referencing" and in most situations it's perfectly legal. It's generally considered bad form though and most professional employers won't do it unless they have a reason to. Technically speaking (I am well aware this is an absurdity and will never happen but it makes a good point) if they want a hiring employer can straight up just contact your nextdoor neighbor and ask if you're a respectful neighbor.

The only stuff they can't really ask from a legal standpoint is the same stuff they can't ask you about in an interview. Race, religion, age, medical conditions, etc.

Hoosac_Love t1_jc0qmn6 wrote on March 13, 2023 at 4:44 AM

Every job application I've seen asks if they may contact past employers and you must give written permission for any CORI checks but of coarse if you don't agree to a CORI they obviously will never hire.

THe same is true ,they may not hire you if you don't allow them to contact past employers but I don't think they may do it without your permission.

RevengencerAlf t1_jc0r07w wrote on March 13, 2023 at 4:48 AM

>Every job application I've seen asks if they may contact past employers

Yes. They ask this as a professional courtesy. And if you look closely many times they are only asking about your CURRENT employer because people understandably don't want to be put in a bind at their current job because they tested the waters on a new one. An employer looking to hire doesn't want you to have reason to be afraid to apply to them. Neither restriction is required by law. It's just good form and mutually beneficial to both parties.

>and you must give written permission for any CORI checks

CORI and criminal background history in general is COMPLETELY separate from employer history.

You're inferring a connection that does not exist between these two things.

Hoosac_Love t1_jc0t9so wrote on March 13, 2023 at 5:13 AM

I know background check are different from references ,I was simply pointing out they can't CORI you without permission to make a point.