What liability would an employer have if they received a resume in response to an ad and placed telephone calls to the applicant's current employer for a background check before they ever interviewed the applicant in person? The applicant's resume requested all information be kept in strict confidence.


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  • I'm not sure about legal liability, but if I were that individual I wouldn't want to work for a company that wouldn't honor my request for confidentiality. His current position could now be at risk, and at this point he doesn't even know that you're interested. I would discourage that practice, it reflects poorly on the company.
  • That was my exact feeling too. However, I'd like feedback as to whether this individual would have a torte case against this employer (Louisiana laws would apply). Any idea?
  • It's my understanding that you should not check references unless you have a signed application authorizing you to do so. A resume, not being a legal document, does not give an employer permission to check anything. In the event the applicant put on his signed application he specifically did not want references of his current employer checked, I would think there would be legal repercussions of some type if it caused him to lose his current position.

    At the very least, this is very poor procedure to violate an individual's confidence and I, too, would never consider working for such an organization.
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