In misc.legal Pat <******@***.com> wrote: : Several days after interviewing for a position, the recruiter called and : said she wants me to get a copy of my performance evaluations from a : prior employer and then forward it to her before she will make an : employment decision. The prior employer will only verify employment : dates to the recruiter and she wants to circumvent this in order to : obtain the records. Is this appropriate? : post to newsgroupI think it solves the problems pretty well for your former employer. There are two potential problems with your employer giving performance information. The first is the failure to disclose known problems thus misleading the prospective employer and inducing reliance. This represents a risk of suit by the one employer against the former employer. The second is the risk that the former employer will either miscommunicate or make a mistake in relating unfavorable performance information. That places the former employer at risk that you will sue alleging some improper purpose. If you obtain the performance evaluations and supply them then there is no question that you have given permission. You also will know what they contain, and thus be exactly aware of the information conveyed. Because it was prepared for internal purposes it would be much harder to allege incompleteness, misrepresentation, miscommunication or mistake. A more practical approach would be to ask yourself on balance how much this bothers you as against what the job potentially has to offer. I think it is an intelligent approach on behalf of your prospective employer, although I confess that it would bother me. I don't know that it SHOULD bother me, but it would.
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Be true to your own principles, and hold to them, else complain not when the world runs contrary.
Note: The opinions and descriptions expressed above are mine and are not necessarily endorsed by any other organization.
Copyright © 1998, Diane Blackman