[BC] Termination

[Craig Bowman]

You can be sued for anything, your suit will be successfully if you say 
something which you cannot back up.  Most companies just do not want the 
hassle.  If you had an employee who came to work drunk, stole money, and 
sold your secrets to your competition you are free to communicate that 
with anyone who inquires.  If you are sued you had better be prepared to 
back it up.  Likewise, if you had a former employee who performed 
exceptionally well you are free to relay that but be prepared to back it 
up should he turn out to be a dud for the new employer.  It is all about 
documentation and the current unwillingness of many companies to risk 
litigation.

Craig Bowman


Paul Smith W4KNX wrote:
> That "Blue" company's response to give hire and termination dates only is
> SOP from most companies today.  You can be sued if you say anything
> derogotory about someone.  You can however answer the question "would you
> rehire?" with a yes or no answer without elaborating.
>
> Paul Smith
> W4KNX
> Sarasota, FL
>
> -----Original Message-----
> From: broadcast-bounces at radiolists.net
> [mailto:broadcast-bounces at radiolists.net]On Behalf Of PeterH5322
> Sent: Saturday, April 21, 2007 12:09 PM
> To: Broadcasters' Mailing List
> Subject: [BC] Termination
>
>
>
>  >Every group broadcaster has a 'No hire list'. They might not be in
> writing,
>  >but they nontheless exist. A few VP's have told me this is not true, they
>  >consider everyone equally, but based upon what dozens have told me
> privately
>  >who would know, the VP's are lying. After all, the have to....these might
>  >well be illegal too.
>
> A "blacklist" exists within almost every corporation.
>
> It exists, usually, on a former employee's "termination interview"
> document.
>
> A "check box" named "do not rehire". It is set by the terminating manager
> [ * ] , with the approval of that manager's HR rep.
>
> However, I have seen former employees who had been marked "do not rehire"
> be rehired, provided the hiring manager's executive chain was different
> from the terminating manager's executive chain, and the hiring manager's
> executive chain made a good case (to HR) that the former employee's
> skills were necessary for the business purpose.
>
> It is my understanding that this is illegal only if an employee's "do not
> rehire" (i.e., "blacklist") status is disclosed to another corporation.
>
> Normally, such disclosure would only be made by an HR rep, anyway, and
> then only under special circumstances, although prospective hiring
> managers will often attempt to get the terminating manager to make such a
> disclosure.
>
> The strangest case I encountered was a prospective employee who listed a
> certain large "blue" corporation as a reference.
>
> Inquiries resulted in a terse letter from "blue's" HR department which
> stated:
>
>
> "So-and-so worked for us from <starting date> to <ending date> with an
> ending salary of <dollars per annum>.
>
> "He is a loyal American".
>
>
> Two lines, and that's all there was.
>
> Bizarre.
>
>
> [ * ] Here I am making no distinction between "voluntary termination"
> (the employee resigned), and "involuntary termination" (the employee was
> fired for cause).
>
> Many terminating employees think they are leaving in good stead should
> they and HR agree to mark their file as a voluntary termination.
>
> However, there is often such a thing as "resigned to avoid termination",
> and this may be handled in a separate way, which is actually a third
> category of termination, and which is usually very bad news for the
> former employee.
>
> For, who is to know whether one resigned over something as innocuous as a
> difference in employee or manager "style", or over something much more
> substantive?
>
>
>
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