In the state of Pennsylvania, is it illegal for an employer to blacklist a former employee?

Status
Not open for further replies.
L

Legal_Eagle1

New Member
Jurisdiction
Pennsylvania
In the state of Pennsylvania, is it illegal for an employer to attempt to blacklist a former employee, i.e. attempting to prevent their future employment by other organizations. I'm not talking about word-of-mouth or gossips, but an actual blacklist shared with other organizations for the explicit purpose of preventing individuals from being employed
 
Well, I haven't found a statute that specifically prohibits the circulation of such a list.

But there is a statute regarding the providing references that you should read.

42 Pennsylvania Consolidated Statutes § 8340.1 (2021) - Employer immunity from liability for disclosure of information regarding former or current employees :: 2021 Pennsylvania Consolidated Statutes :: US Codes and Statutes :: US Law :: Justia

The reality is that employers are reluctant to say much of anything because of the fear of defamation lawsuits by former employers.

Here are a couple of resources for you:

Pennsylvania Reference Laws | Nolo

Pennsylvania References laws & HR compliance analysis (blr.com)
 
There's nothing inherently illegal about a "do not hire" list, and there is nothing illegal about Employer #1 telling Employer #2 that Employer #1 would not re-hire Employee X.
 
For the record, I have been in some form of HR since 1979 and I have had employees in at least half the states, including Pennsylvania. At no time have I been made aware of such a blacklist in ANY state. While many people seem convinced that such a list exists, I am here to tell you it does not. I could not possibly have worked in HR, doing hiring for at least some of that time, for such a long time without hearing at least a whiff of it if it existed, but the only people who seem to "know" about it are the ones who are convinced their name is on it.
 
Such a list would be protected by the 1st Amendment to the US Constitution. Not that one actually exists in PA or any other state in the union.
 
PayrollHRGuy said:
Such a list would be protected by the 1st Amendment to the US Constitution. Not that one actually exists in PA or any other state in the union.
Click to expand...
Sure, the list itself would be protected under 1A, as well as other laws, but there is nothing in the US Constitution that would prevent a state from restricting the use of such a list in hiring decisions (not that any states have such a list, of course).
 
PayrollHRGuy said:
Such a list would be protected by the 1st Amendment to the US Constitution.
Click to expand...

Not necessarily. The 1st Amendment is not absolute. There are consequences to yelling "fire" in a crowded theater when there is no fire. There are defamation laws limiting what people can say or write about other people. At least one state (the one I posted) has laws limiting employer references.
 
adjusterjack said:
Not necessarily. The 1st Amendment is not absolute. There are consequences to yelling "fire" in a crowded theater when there is no fire. There are defamation laws limiting what people can say or write about other people. At least one state (the one I posted) has laws limiting employer references.
Click to expand...

Well, that state limits them in the same way most other states limit defamation. In fact, it assumes the employer to be acting in good faith.

But defamatory information isn't what the OP asked, "In the state of Pennsylvania, is it illegal for an employer to blacklist a former employee?"

Such a list would be protected speech because without further information it is just a list of names of people that the employer(s) don't/doesn't think should be hired and gives no reason.
 
PayrollHRGuy said:
Such a list would be protected speech because without further information it is just a list of names of people that the employer(s) don't/doesn't think should be hired and gives no reason.
Click to expand...
HOWEVER, as I pointed out, it's not (just) the existence of the list that could be regulated.
Of course, this is all hypothetical, so no use going any further.
 
WIthin our company, we'll often mark do not rehire on things when someone quits (and certainly if they are terminated for cause). I had a guy literally quit the morning I was going in to fire him. Several months later I get a phone call from HR at another company:

HR: Mr. Lee used you as a reference.
ME: Oh, he did, did he?
HR: You weren't aware of that.
ME: No.
HR: Would you like to give him a reference anyway
ME: It would be better for him if I didn't.
HR: I understand.
 
flyingron said:
WIthin our company, we'll often mark do not rehire on things when someone quits (and certainly if they are terminated for cause). I had a guy literally quit the morning I was going in to fire him. Several months later I get a phone call from HR at another company:

HR: Mr. Lee used you as a reference.
ME: Oh, he did, did he?
HR: You weren't aware of that.
ME: No.
HR: Would you like to give him a reference anyway
ME: It would be better for him if I didn't.
HR: I understand.
Click to expand...

Very clever, indeed.
 
cbg said:
For the record, I have been in some form of HR since 1979 and I have had employees in at least half the states, including Pennsylvania. At no time have I been made aware of such a blacklist in ANY state. While many people seem convinced that such a list exists, I am here to tell you it does not. I could not possibly have worked in HR, doing hiring for at least some of that time, for such a long time without hearing at least a whiff of it if it existed, but the only people who seem to "know" about it are the ones who are convinced their name is on it.
Click to expand...
Absolutely. I was one of the ones convinced that my name was on the Alabama version of that urban myth of a list in 1997. I had been let go from one employer and got picked up by another company just a few days later. I had it in my head that my new employer took mercy on me and gave me a pass, regardless of my name being on that list, LOL. I held my breath as HR from my former employer contacted HR at my new employer during the hiring process. I mean, I sweat bullets. Then I came to find out that the call between the two HR departments was nothing more than an employment verification. I had never felt so foolish, yet so relieved at the same time.
 
@Leejmusic - I can appreciate your frustration more than you realize, but perhaps you should dial it back a bit and take a few moments to contemplate what was written and the unfortunate reality that exists.

What @zddoodah says is not only true, but the perspective you convey presents a very slippery slope to try to enforce in the manner you insist. What you suggest might be considered draconian censorship. People have a right to express their opinions and this country extends to them a very wide right to do so. People are also employers. Should or can we realistically and effectively prevent people from sharing their opinions about others they have employed, including those who are poor performers or might present unacceptable risks to others? What if friends are talking over drinks about work? Good luck trying to enforce regulations on limiting the freedom of sharing information and opinions.

I'm guessing this conversation touched a sensitive nerve. I doubt any of those responding support unethical behavior of any kind, including corruption in government. It's reprehensible. It's abhorrent. Laws are also promulgated by members of government, who may have their own interests in mind more than their constituents. We get it. More often than we like to admit, reality bites but it is what it is and no one here is condoning bad behavior.
 
Status
Not open for further replies.

Ask a Question

Share this page

Back
Top