Fired,what can ex employer legally say

[THADHENSHAW]

I was fired from my job of 4 years and it was nobodys fault but my own. I failed a drug test and i was fired. When i use my ex employer as a reference what are they legally allowed to tell a potencial employer when they call them. Thanks for any help. Thad

 

[Proserpina]

The employer is legally allowed to be completely truthful, and that includes telling another company that you were fired for failing a drug test.

 

[cbg]

Agreed. They may say anything that is true, that they have a good faith belief is true, or that represents their honest and supportable opinion.

It is a myth that employers are not allowed to give out the reason you are no longer working there, if that is the gist of your question.

 

[THADHENSHAW]

well do they have to tell them i wasent giving a chance to have the sample retested, or that i dint get to talk to the nurse and tell her the meds i was taking. i was fired in july 2008. im not a drug addic i dint go out and buy drugs i took one of my sons adhd pills i was having a hard time with the passing of my mom i know this is no excuse. its been 2 years and i still cant get a job and i asume its because of what there telling people. how can i get around this.i believe ive paid my dues.i have lost everything. and hurt my family. this is the first time ive ever been fired or failed a drug test. .i dont have a criminal record i go to church on sunday how long do i have to pay for one mistake. im at my wits end . the punishment dont fit the crime. any thoughts. thanks

 

[cbg]

Are you getting called for interviews and then not getting the job? Or are you not getting called for interviews?

If the first, then it's POSSIBLE that this is affecting your ability to get a job. If that's so, it's a shame but as long as what they are saying is the truth, it's legal.

If the second, there is NO chance whatsoever that this is in any way a factor, since employers do not call for references on applicants until they have ALREADY been interviewed, often more than once, and made the short list of the top two or three candidates. In fact, in some instances, employers only do reference checks on their first choice candidate until or unless s/he turns down the job, when they go to the next choice, and so on. But they NEVER call previous employers before deciding who to interview. No one has the time and resources to do that, especially these days.