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Kroger - Evil Asst. Manager

Complaint
Review by ironroad1 on 2012-06-23
Rating: StarEmpty StarEmpty StarEmpty StarEmpty Star
RONCERVERTE, WEST VIRGINIA -- MY wife worked for this Kroger for about a year and she has some health problems and she did a good job if I say so myself. She found a better job and gave her 2 week notice. During that 2 week notice she became sick and went to the doctor and received 2 shots. She gave Kroger the copy of the doctor's excuse the next day. Her new job called her up and asked her if she was alright. He said what do you mean the lady said we received a fax from Kroger with your doctor's excuse. The asst. Managers name is [snip] please remove this evil person from the Kroger Co.
Comments:
Posted by Didn't know they did that did ya? on 2012-06-23:
Did the new place ask for a copy of her employment records? If they did, that doctors excuse that your wife handed the management at Kroger is part of that record so it would be sent over.

When your wife signed the employment application in the fine print she consented to the records being shared. So the new place faxed over a request and Kroger faxed back the records, all records till the end of her employment with Kroger.
Posted by FoDaddy19 on 2012-06-23:
Nothing "evil" going on here. Kroger just shared their records of your wife's employment history (which they made and own) with her new employer. This isn't unusual in the least.
Posted by danny54 on 2012-06-23:
I'm not sure what the employment laws are in W. Va., but here in Indiana, the only thing an employer can give on a reference is to confirm dates of employment, salary and position. They cannot give any other performance information, and sending information like this to a new employer would definitely be against the law.
Posted by copper_works_ on 2012-06-24:
danny54, which law is it against? This is what I found.

Indiana Reference Laws
An employer in Indiana is immune from liability (that is, the employer may not be sued) for providing information about a current or former employee, unless the employer knew that the information was false.

Employees in Indiana also have the right to see what an employer is saying about them. An employee has the right to receive copies of all written information provided to a prospective employer by a current or former employer. The prospective employer has an obligation to provide this written information as long as the employee requests it within 30 days of applying for a job.

Posted by frak on 2012-06-24:
This complaint doesn't say anything about employment records, only the doctor's note being faxed. Sending just that note sure sounds spiteful to me.
Posted by danny54 on 2012-06-24:
Copper-I can't remember the specific law. I just know that when I was in management (and it's been a couple of years) we were told only to provide dates of employment, position and rate of pay unless the employee authorized the release of such information.

Things may have changed in the past couple years.
Posted by copper_works_ on 2012-06-25:
Here is for their state.

West Virginia Reference Laws
Employers in West Virginia have some statutory protection against defamation lawsuits based on references. Employers may not be sued for defamation (in legal terms, they are “immune” from liability) if they provide job-related information that might reasonably be considered adverse about an employee, in good faith, to a prospective employer. The employer may provide information for the purpose of evaluating the employee’s suitability for employment about the employee’s:

•education
•training
•experience
•qualifications
•conduct, and
•job performance.

.
Posted by Starlord on 2012-06-25:
When I worked at a homeless shelter in California, it was the policy of the shelter if someone called about a former employee, all they would get was that yes, the person had worked there, PERIOD. Employees had essentially the same protection of privacy as did the clients. As lead security supervisor, I was called on a couple of termination hearings, where the terminated employee felt he/she was terminated wrongfully. We never lost one of the cases.

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