I'm not a legal expert but every company I've worked for provided no employment information beyond "yes they are/were employed". We certainly wouldn't say why the person was terminated if they were no longer employed.
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Whats this stuff regarding Trev?
- Thread starter phillycheez402
- Start date
I understand the legal ramifications of a previous employer verifying anything more than dates of employment for an employee. And I don't know if either party in this case was an aggressor, or if it was completely consensual between two legal age adults. I'm also guessing neither party needed to be reminded that Love was married.
My problem is, if history of investigations isn't passed to the new prospective employer, is it possible a predator is being moved on to become someone else's problem, when it is a problem that should be stopped in its tracks.
I am not implying that either Love or Scoggins is a predator (because I don't know enough facts). It is just another example of all parties involved could use a lot better judgement.
My problem is, if history of investigations isn't passed to the new prospective employer, is it possible a predator is being moved on to become someone else's problem, when it is a problem that should be stopped in its tracks.
I am not implying that either Love or Scoggins is a predator (because I don't know enough facts). It is just another example of all parties involved could use a lot better judgement.
I would not be worried about a lawsuit by a former coach against a school for revealing to a prospective employer that they were investigated and suspended for having sex with a student/player.
I would be worried about a lawsuit from a former student/player who alleges they were kicked off the team because they had sex with one of their coaches and the university retaliated against them and did very little to investigate or punish the coach who they were having sex with.
The first instance is not actionable, the second is, even if the relationship was "consensual".
I would be worried about a lawsuit from a former student/player who alleges they were kicked off the team because they had sex with one of their coaches and the university retaliated against them and did very little to investigate or punish the coach who they were having sex with.
The first instance is not actionable, the second is, even if the relationship was "consensual".
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How isn't the first instance actionable? Imagine if you got accused by a subordinate of sexual harassment. You get suspended with pay and ultimately you leave the job because accusations have a way of following you regardless if they're true. The investigation doesn't find you "guilty". At your next job, your prior employer says "Hey, this dude was suspended and investigated for sexual harassment. Just FYI". You, of course, don't get the job. Are you going to sue your former employer?
In your second scenario you're assuming retaliation and "did very little to investigate or punish". We have no idea is either of these hypotheticals is remotely accurate.
Yes, it's possible. That's the price we pay for waiting for convictions before we determine guilty (or judgments).
That's my go to when I have an employee who's been fired for cause or left under extenuating circumstances.
'I can confirm dates of employment'
End of conversation and usually tells the story without telling the story.
I don't know if I can be so sure of that. A very good attorney from what I hear. Look at some of the legal cases lately in the news. Lot of cases they don't seem to have to prove guilt, but the accused have to prove their innocence! No one knows what exactly the athletic department did or didn't do. I don't know if a top notch attorney would put their reputation on the line, if there wasn't a pretty decent chance of her winning. The ACLU could get involved and who knows what happens then? This isn't like years past when they could make issues like this go away!
It will go away. The parties just need to agree on a figure.
This does not involve a workplace harrassment issue, this is in an educational setting involving a student/athlete and teacher/coach, with Title IX, NCAA rules, university rules, in addition to common law and statutory guidelines.
Also, I am speaking as a trial lawyer and not an employment lawyer.
Good luck to the coach winning a jury trial against a university because they disclosed to a prospective employee that said coach was disciplined for having sex with one of their players.
Now, scenario 2 could be successful in front of a jury with a good trial lawyer...especially the kind that will nearly bankrupt a entire county when they fight and win in court!
These type of situations are getting really old. I always find it amazing that someone can make a mistake, and then start suing people as if they were not largely responsible.
Gage County decided to take their case to court and it cost them a lot of money.
Gage County makes final Beatrice 6 payments
The Gage County Board on Wednesday approved its final payments in the $28.1 million judgment awarded to six people wrongfully convicted of a 1985 murder in downtown Beatrice.
Sure, anything is possible with a jury. Juries are horrible finders of fact, they're emotional and often they focus on things that are irrelevant and jump to conclusions one juror who talks the loudest wants.
If someone doesn't get a job because a complaint was passed onto another employer (educational setting is 100% irrelevant here, this is state employer v employee) they could certainly sue for defamation or perhaps tortious interference, especially if the investigation didn't conclude anything actionable occurred.
Would the employee win? Who knows, but it's costly regardless and why fight the battle when as an employer you're under no obligation to disclose the complaint. It's why 99% of employers only disclose worked dates.
I hope!
What side of this would compare to Gage County case? The university or Ashley Scroggins? I would think Scroggins attorney is working on contingency based on any settlement she would receive.Gage County decided to take their case to court and it cost them a lot of money.
Gage County makes final Beatrice 6 payments
The Gage County Board on Wednesday approved its final payments in the $28.1 million judgment awarded to six people wrongfully convicted of a 1985 murder in downtown Beatrice.journalstar.com
I’m glad I did keep on reading because I was about to make the same point you just did only not as elegant. Why take the chance of revealing negative information when not forced to do so and potentially exposing your company to legal action? The answer is don’t do it....
