A potential employer spoke to my current employer without consent, can they do that?

Question

My manager's manager used to work for a company I interviewed with. The hiring manager contacted my bosses boss to inquire about me. I interviewed with 4 people with the potential employer. 3 of the 4 (one of which was the hiring manager) were aware of who my manager's manager was - one even went so far as to tell me that my interview was confidential and that my bosses boss would not find out. It didn't say on my resume that they couldn't contact my current employer but on the application I had to fill out I marked that they couldn't contact them until I was hired.

Now my bosses boss knows I applied elsewhere and they've left me in a very uncomfortable position. Can they do this???

Answer 1

It is illegal for an employer to contact other employers or references without your written authorization.  So while they can do this (and unfortunately did), they were not supposed to by law.  

It may be hard for you to prove that they did that, but if you are so resentful you could go as far as seeking a claim/suit.

I can only imagine how upsetting this would be and I wish you luck in your situation :)

Answer 2

This is a touchy situation -- and depending on where you are, it can be illegal according to the 1972 Fair Credit and Reporting Act.

We're not lawyers, so we're not dispensing legal advice, but it's worth taking a look at these articles:

http://talentzoo.com/news.php?articleID=...

http://books.google.com/books?id=S17HDrY...

It may also be worth talking to a lawyer, depending on if you lose your job or not.

Good luck. If you need help with any future career advice, visit us at http://www.PrepSession.com or give us a call at 888-501-PREP.

Answer 3

no as it is not under the 5 reasons for fair dismissal,they cant dismiss you if u are still reaching ur goals in work

Answer 4

Do you think it was malicious or stupid?  Either way, what can you do?

What do you mean - can they do this?  I'm pretty sure that they already did.

You have to take the moral high road.  Go on the attack.  If someone challenges you about it "I don't think I am being taken seriously here.  I need something that allows me to grow and develop, with opportunities for advancement'.

Answer 5

No, ethically they can't do that but when it happens there's little you can do about it. They're not supposed to contact your current employer unless they have direct permission from you in the form of either written or verbal agreement. The only thing you can really do is call them and complain about it and then NOT work for them if they want to hire you but where will that get you? See what I mean? Employers really have you by the balls.