Employment Background Checks

jackie steele

Our company recently merged and divested one division. Approximately one month after the sale of the division, another division,within our company,announced the hiring of the former slaes manager from the business that was sold. The announcement was full of inaccurate statements re the former employee's performance. My former boss and I read the announcement and assumed he was hired based on the glowing (yet totally false) accomplishments outlined in the announcement. Not only was the information false, this individual had been demoted from Sales Manager to an Account Rep. before the sale.

Since this is a sister organization, are we within our rights to advise the HR manager and hiring manager of the inaccurate information? Does this individual have a case against the company if he is terminated?

cebudragonlady

My 6 cents worth: leave the situation alone. If the employee is as bad as
you say he or she is , then his or her new bosses will find out soon enough.

Theresa Gegen TX

The employee could have some claims against your company.

1. Defamation - if anything relayed is not 100% true and provable!!

2. Tortous Interference with Employment Relationships - This would depend on the law of your state -- whether or not you as the former employer are legally justified in making a complaint.

3. Some sort of wrongful termination claim -- against the new employer. Again, this depends on the law of your state and whether the employee was told anything that might equal an employment contract, or a statement he or she could rely on.

4. Some sort of discrimination or retaliation against the employee -- This would depend on whether the employee had made any type of discrimination claim against your company (the former employer) in the past.

Analyse how bad this ex-employee's conduct is and determine whether you want to take the legal risk of causing his termination.

Good Luck!