March 28, 2008
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dilemma..
so i applied to this company. i had two interviews with them.. and they wanted me to fill out an application to make it formal.. my resume wasn't sufficient, apparently. anyway.. they wanted my work history on the app.. for the first employer (the most current).. there is a specific box.. "may we contact your current employer".. i checked no. i do not want my boss knowing that i'm looking elsewhere.
i get a call from the new company the other day.. they gave me an offer contingent upon my background/credit/reference/urine tests/checks. those authorization forms to conduct these were emailed to me.. i, in tuurn signed them and faxed them back. on the reference check authorization form.. i specifically wrote.. under my signature.. "please do not contact my current employer as they are unaware that i am seeking new employment"..
hr lady calls me informing me that all the checks were successful except that there was a discrepancy with my current employer. the dates did not match. first of all.. i never gave them permission to call my current boss. i was a little taken back and told her i checked "no" on the application.. saying it was not okay to contact them. she said they have to verify all of this info.. then why the heck is that option even listed on the app??? i'm pissed. my boss has been shady the past two days. no fuggin wonder. i told this new hr lady to contact payroll to verify the dates.. yeah, i was off by a few months.. so what. what i'm more concerned about is that my boss now knows.. this is hella awkward. i feel like they're going to watch me like a hawk now to catch any mistake/wrongdoing and fire my ass. did the new company have the right to contact my current employer? please tell me.. isn't that illegal? not illegal illegal.. but wrong of them?? or do they have that right even when i clearly stated that they can't??
Comments (13)
im not sure your boss would know...unless you work in HR.
they usually contact HR to get that type of info (dates of employment and so forth).
now if they were contacting your boss and asking them about their opinion of your work quality and or character that shouldn't be allowed.
i don't believe it's legal for them to, if you did not give them permission.
If you are going to take the new job, who cares if your current boss knows? You're leaving anyway. Our company watches us like a hawk anyway. Once a co-worker surfed Monster.com and submitted a resume while at work. I guess IT dept had this particular website marked for an alarm whenever someone surfs through it. Within the hour that co-worker got a call from HR dept asking if everything was ok and if he needed any help.
There is no privacy at work. If you don't want your employer to find out anything, don't bother applying for a new job. If you apply for a new job outside, then do expect your current employer to find out sooner than later.
Pretty stupid that they have it as an option and then go against it anyway. If your boss does know, maybe you can use this as leverage and maybe squeeze a raise out of it or maybe even a promotion? If he does know you're pretty much assed out as it is, nothing to lose right?
they're not breaking any laws by contacting your current employer. however, it isn't very ethical of them to ignore your request.
if things don't work out, you should contact the person with whom you interviewed to notify her of the slip-up and the undue stress caused by the negligence of their HR dept. It's more of a civil issue.
if not, curse the bitch out in HR. she's just trying to cover her ass by telling you that "they have to verify all of this info"
You're FUCKED! hahaha.
Well i looked into it but in NY there different rules/law since there really isn't any commitment/contract with you they can even though they have that option.....but if your current boss knows your looking and then decides to fire you cause of that you might have a good case...or it could work to your advantage and your boss might offer you more $$$$ to keep u.
who cares, you're leaving the company anyway
yeah they fucked up but what are you gonna do.
here in California, it's illegal. but then again the real world isn't very nice
wow....feel sorry for you!!
no idea how it is in the states.....but I would assume if such option is listed on the app then they should honor that and NOT call your work for reference!
anyway, good luck to ya~
It's a breach of contract since you checked the box. It's illegal for them to have contacted your current employer without your consent.
woah... that's a bummer.