Wife's old employer called new employer and got her fired

[cbg]

Short of a subpoena, the employer has no obligation to provide the name of the person who called. Reference information is considered confidential. In fact, I don't know if it's still on the books but there used to be at least one state where the employer was prohibited by law from giving out the names of those who provided references.

 

[Zigner]

Short of a subpoena, the employer has no obligation to provide the name of the person who called. Reference information is considered confidential. In fact, I don't know if it's still on the books but there used to be at least one state where the employer was prohibited by law from giving out the names of those who provided references.

Furthermore, it's entirely possible that a record of the caller's name wasn't officially made.

 

[Zigner]

I did confirm that it is a violation to reveal a person's FMLA status or record to a third party without consent.

Again, please point out the statute you are relying on when you make this statement.

The person who called said my wife "bad mouthed" doctors. How is this proven? unless in a recording or written statement. This person did this out to cause damages out of intent.

"Bad mouthed" is subjective. If I say "Dr. Bob is the best doctor I've ever known except I'm not really please by his bedside manner", is that "bad mouthing" him? How about "Dr. Jill sure is sweet, but she couldn't figure out what this rash is", is that "bad mouthing" her? How about "Dr. Joe couldn't diagnose his way out of a paper bag", is that "bad mouthing" him?

It's entirely possible that your wife said something about the doctors that the caller felt was "bad mouthing" them, and the caller told the new employer that.

 

[Silverplum]

I have contacted an attorney and they are willing to help, except for one issue.....the new employer will not give us the name of the person who called them. They only told me wife it was from the previous employer.


How can I get the new employer to give up this information? They claim that when they do references and background checks that the information is confidential as well as the sources. However, this was an unsolicited call and the previous employer has a policy of not to give out reference for liability reasons.



My wife has also contacted a high ranking manager in HR at the previous employer. I did confirm that it is a violation to reveal a person's FMLA status or record to a third party without consent.

The person who called said my wife "bad mouthed" doctors. How is this proven? unless in a recording or written statement. This person did this out to cause damages out of intent.

You cannot do anything at all except help your wife pay for an attorney, if she wants to hire one.

Other than that, you are way, WAY too involved in her business. This is her job, her mess, and she is the only one who can file complaints or discuss the issue with an attorney.

 

[Zigner]

Frankly, at this point we don't even know if it was the employer who called, as opposed to a disgruntled former co-worker who was familiar with her situation.

 

[LdiJ]

Frankly, at this point we don't even know if it was the employer who called, as opposed to a disgruntled former co-worker who was familiar with her situation.

That is certainly a possibility to be considered before taking action.