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young_clinton
Joined: 09 Sep 2009
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 Posted: Mon Apr 11, 2011 1:25 am Post subject: Is it legal to give a bad reference in Korea? |
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Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Mon Apr 11, 2011 2:02 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Mon Apr 11, 2011 2:31 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
It was a public school position and I don't know if they are saying anything bad or not. |
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Murakano
Joined: 10 Sep 2009
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| Posted: Mon Apr 11, 2011 3:44 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| young_clinton wrote: |
| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
It was a public school position and I don't know if they are saying anything bad or not. |
have a Korean friend call them posing as a recruiter looking for details about you. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Mon Apr 11, 2011 4:06 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
Surely you are joking! 
If not, what an absurd law that would be. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Mon Apr 11, 2011 4:58 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| PatrickGHBusan wrote: |
| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
Surely you are joking!
If not, what an absurd law that would be. |
I don't know if he's being facetious or not.
The reason I'm asking if Korea has a labor law against giving bad recommendations is, there actually is a labor law in the US against bad recommendations. The reason that you have labor laws that don't allow bad recommendations is obvious. I'm pretty sure other western countries have laws protecting workers from bad recommendations.
An example of how it works in the US is an employer can't say bad things about a former employee. He doesn't have to say good things or give a good reference, he just can't give a bad reference. The employer can only say that you worked there from this date to this date and whether or not the company can rehire you. |
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thegadfly
Joined: 01 Feb 2003
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| Posted: Mon Apr 11, 2011 5:25 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| young_clinton wrote: |
| PatrickGHBusan wrote: |
| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
Surely you are joking!
If not, what an absurd law that would be. |
I don't know if he's being facetious or not.
The reason I'm asking if Korea has a labor law against giving bad recommendations is, there actually is a labor law in the US against bad recommendations. The reason that you have labor laws that don't allow bad recommendations is obvious. I'm pretty sure other western countries have laws protecting workers from bad recommendations.
An example of how it works in the US is an employer can't say bad things about a former employee. He doesn't have to say good things or give a good reference, he just can't give a bad reference. The employer can only say that you worked there from this date to this date and whether or not the company can rehire you. |
Absolutely correct, making references absolutely useless.... The only people being "protected" now are crappy employees.
Honestly, this is yet another area where I think my home country has it wrong and Korea has it right.... |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Mon Apr 11, 2011 6:13 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| thegadfly wrote: |
| young_clinton wrote: |
| PatrickGHBusan wrote: |
| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
Surely you are joking!
If not, what an absurd law that would be. |
I don't know if he's being facetious or not.
The reason I'm asking if Korea has a labor law against giving bad recommendations is, there actually is a labor law in the US against bad recommendations. The reason that you have labor laws that don't allow bad recommendations is obvious. I'm pretty sure other western countries have laws protecting workers from bad recommendations.
An example of how it works in the US is an employer can't say bad things about a former employee. He doesn't have to say good things or give a good reference, he just can't give a bad reference. The employer can only say that you worked there from this date to this date and whether or not the company can rehire you. |
Absolutely correct, making references absolutely useless.... The only people being "protected" now are crappy employees.
Honestly, this is yet another area where I think my home country has it wrong and Korea has it right.... |
I sometimes get the feeling its the other way around. Good references going to those that don't deserve them |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Apr 11, 2011 6:22 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| young_clinton wrote: |
| PatrickGHBusan wrote: |
| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
Surely you are joking!
If not, what an absurd law that would be. |
I don't know if he's being facetious or not.
The reason I'm asking if Korea has a labor law against giving bad recommendations is, there actually is a labor law in the US against bad recommendations. The reason that you have labor laws that don't allow bad recommendations is obvious. I'm pretty sure other western countries have laws protecting workers from bad recommendations.
An example of how it works in the US is an employer can't say bad things about a former employee. He doesn't have to say good things or give a good reference, he just can't give a bad reference. The employer can only say that you worked there from this date to this date and whether or not the company can rehire you. |
There is no such law in the US.
However, the threat of lawsuits has caused nearly all employers to refrain from giving any reference beyond confirmation of dates of employment and salary information when applicable. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Mon Apr 11, 2011 6:44 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| ontheway wrote: |
However, the threat of lawsuits has caused nearly all employers to refrain from giving any reference beyond confirmation of dates of employment and salary information when applicable. |
I had always thought otherwise, but if that's the case then maybe its time the lawsuits should be brought on in Korea over this kind of stuff. |
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thegadfly
Joined: 01 Feb 2003
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| Posted: Mon Apr 11, 2011 8:21 am Post subject: Re: Is it legal to give a bad reference in Korea? |
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| young_clinton wrote: |
| thegadfly wrote: |
| young_clinton wrote: |
| PatrickGHBusan wrote: |
| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
Surely you are joking!
If not, what an absurd law that would be. |
I don't know if he's being facetious or not.
The reason I'm asking if Korea has a labor law against giving bad recommendations is, there actually is a labor law in the US against bad recommendations. The reason that you have labor laws that don't allow bad recommendations is obvious. I'm pretty sure other western countries have laws protecting workers from bad recommendations.
An example of how it works in the US is an employer can't say bad things about a former employee. He doesn't have to say good things or give a good reference, he just can't give a bad reference. The employer can only say that you worked there from this date to this date and whether or not the company can rehire you. |
Absolutely correct, making references absolutely useless.... The only people being "protected" now are crappy employees.
Honestly, this is yet another area where I think my home country has it wrong and Korea has it right.... |
I sometimes get the feeling its the other way around. Good references going to those that don't deserve them |
Right -- crappy workers SHOULD get crappy references, but crappy references cause lawsuits by crappy workers, SO employers are forced to give glowing references to said crappy workers, thereby avoiding lawsuits....
Hence, protection for crappy workers, and bass-ackward practices.... |
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mike in brasil
Joined: 09 Jun 2003
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| Posted: Mon Apr 11, 2011 9:44 am Post subject: |
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| In my experience I've seen managers/HR admin in Korea give out plenty of bad references, and they were deserved. |
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Chris.Quigley
Joined: 20 Apr 2009
Location: Belfast. N Ireland
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| Posted: Mon Apr 11, 2011 10:17 am Post subject: |
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There is no law in the US against giving bad references. The key is that anything you say must be "legally defensible." What this means is that you cannot make unsubstantiated claims (good or bad) about a person.
However, if I have documented 16 cases where you were late for work, I can tell them you were late 16 times. If I have documented 4 cases of insubordination, I can tell them about those four cases. If I had to discipline you 9 times for failing to make deadlines, or handing in shoddy work, I can tell them about that. This being said, I can also tell them about how you were involved with a charity outside of work, that you were recognized as top performer 2009, and other positives (as long as I have evidence).
If you take me to court, not only will you lose, but I will sue you for the court costs. The key is: do I have the evidence. Usually firms do not have adequate evidence because they have a poor HR system.
This is why many firms do not give references at all. The only thing they do is confirm your start and end date. Firms are afraid of being sued by their former employees for slander/libel or being sued by the new employer for misrepresentation.
Edited for spelling |
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interestedinhanguk
Joined: 23 Aug 2010
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| Posted: Mon Apr 11, 2011 2:16 pm Post subject: Re: Is it legal to give a bad reference in Korea? |
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| thegadfly wrote: |
| young_clinton wrote: |
| PatrickGHBusan wrote: |
| schwa wrote: |
| young_clinton wrote: |
Yeah is it legal to give a bad reference in Korea?
How can you find out if someone from a public school is giving you a bad reference? |
The law states that a former boss can only say nice things about you.
Contact the labor board. |
Surely you are joking!
If not, what an absurd law that would be. |
I don't know if he's being facetious or not.
The reason I'm asking if Korea has a labor law against giving bad recommendations is, there actually is a labor law in the US against bad recommendations. The reason that you have labor laws that don't allow bad recommendations is obvious. I'm pretty sure other western countries have laws protecting workers from bad recommendations.
An example of how it works in the US is an employer can't say bad things about a former employee. He doesn't have to say good things or give a good reference, he just can't give a bad reference. The employer can only say that you worked there from this date to this date and whether or not the company can rehire you. |
Absolutely correct, making references absolutely useless.... The only people being "protected" now are crappy employees. |
Or people with crappy employers. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Mon Apr 11, 2011 2:48 pm Post subject: Re: Is it legal to give a bad reference in Korea? |
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| interestedinhanguk wrote: |
Or people with crappy employers. |
Yes, people with unreasonable, crappy even sociopathic employers that become malevolent employers and take advantage of thier positions over petty disputes or occurences.
Actually I just checked you can legally give bad references in the US but it's illegal to sabotage someone over doing something they had the right to do. I also get the impression if someone can show that a former employer is deliberately trying to keep someone from getting another job, the chances of a successful lawsuit are pretty high. One of the reasons employers a lot of times don't give references at all.
By the way "interestedinhanguk" that's a really nice avatar.  |
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