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Discussing sick days when giving a reference?

  • 27-06-2018 8:05am
    #1
    Registered Users, Registered Users 2 Posts: 3,159 ✭✭✭


    I got a phone call yesterday from a potential employer who rang to ask about medical issues. She rang a previous employer for a reference and was apprantly told I took a lot of sick days. I never had one sick day at this place (I don't think there was any malice I think I got mistaken for someone else). My question is even if it was true is it legal to discuss something like medical issues over the phone with a stranger?


Comments

  • Registered Users, Registered Users 2 Posts: 3,926 ✭✭✭Grab All Association


    Absolutely disgraceful. I hope you get in writing from the potential new employer and take it further with the former employer. Always defend your good name. Demand a retraction immediately.


  • Registered Users, Registered Users 2 Posts: 1,035 ✭✭✭Sir Ophiuchus


    It's probably legal (as in, not against the law) if they're not actually your doctor. You could maybe make a case for defamation if it's false, but that would be an awful lot of hassle for possibly not very much return.


  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    Well, what they've said is untrue. And really it's very odd your previous employer would say this. Sounds totally unprofessional and frankly just stupid.

    Personally I would ring the old employer, tell them what the new employer said and how it's untrue, and ensure they ring the new employer to explain their mistake.

    Must be extremely frustrating for you!


  • Registered Users, Registered Users 2 Posts: 7,134 ✭✭✭Lux23


    It's probably legal (as in, not against the law) if they're not actually your doctor. You could maybe make a case for defamation if it's false, but that would be an awful lot of hassle for possibly not very much return.

    I think the OP should ring the former employer and ask them to correct what they said. No need for a defamation case.


  • Registered Users, Registered Users 2 Posts: 1,035 ✭✭✭Sir Ophiuchus


    Lux23 wrote: »
    I think the OP should ring the former employer and ask them to correct what they said. No need for a defamation case.

    Well, yeah, absolutely. I was kind of assuming that it was their former employer badmouthing them instead, but rereading OP's post that doesn't seem like it's the case.


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  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    The fact that it's not true is different, but there's nothing wrong with saying
    "Fred took 20 days annual leave and 10 days sick leave last year." That's just a factual response (except it's not here).

    Saying "Fred took 10 days sick leave, his piles were giving him fierce trouble in January, and of course then he caught the clap on holiday in Ibiza in July" would be inappropriate.


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