Nareed
Nareed
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June 15th, 2012 at 8:14:03 AM permalink
Quote: Wizard

I also recall a case on the original People's Court, which was based on California law, where Judge Wapner remarked that recorded phone calls, without the permission of both parties, could not be used as evidence.



I will defer to Teddys on thsi matter. But I would point out that "not valid as evidence" does not mean "illegal." Hearsay isn't valid as evidence, but it's not illegal for me to tell you that someone told me something about someone else.
Donald Trump is a fucking criminal
konceptum
konceptum
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June 15th, 2012 at 8:26:33 AM permalink
Quote: FinsRule

Any other suggestions?


As was recommended by someone else, tell them that in regards to employee information, you only respond to written requests, and hang up.

For me, the number of employees I have is rather small. Thus, I inform them all that I do not respond to requests for information on them, unless they tell me in advance that it is ok to do. This usually happens when an employee is trying to finance something like a car or house. They come and let me know about. When I receive the call about it, I then respond. However, even so, I only respond verbally over the phone to certain kinds of information. Verify employment. Yes. Verify hire date. Yes. Verify salary. No. Written requests only on something like that. If the employee hasn't previously told me about the call, then I tell the caller that I don't respond to phone calls requesting such information and hang up.

In a larger business, you might not be able to do that, and I understand that.
Mission146
Mission146
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June 15th, 2012 at 8:42:19 AM permalink
I largely agree with Konceptum. Smaller corporation, few employees, large franchise.

I'll give date of hire, last date of employment or currently employed freely over the phone. Anything else must be faxed. I don't disclose reason for leaving or eligibility for rehire, period. Too many assumptions can be made with that information.

Even if I terminate someone, it doesn't mean I would like to never see them work again. It just means they weren't right for that specific position at our specific location. That's only the business of two entities, that person and the company.
https://wizardofvegas.com/forum/off-topic/gripes/11182-pet-peeves/120/#post815219
Nareed
Nareed
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June 15th, 2012 at 8:46:02 AM permalink
When I set someone down as a reference, say for a credit, I tell them to expect a call from the bank.
Donald Trump is a fucking criminal
konceptum
konceptum
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June 15th, 2012 at 8:50:49 AM permalink
Quote: Mission146

Even if I terminate someone, it doesn't mean I would like to never see them work again.

Unfortunately, I have the opposite problem. None of my employees have ever left voluntarily. If I terminate someone, it's because that person is a waste of space. It also means that person probably can't find another job, and they will end up applying for unemployment. Similarly to you, I don't give out information on why someone was terminated, but I also don't give out last date of employment. Are they employed now? No. When did that change? None of your business. All requests from the unemployment office are answered solely by mail. (I won't even allow them to fax.) I won't answer any questions to the unemployment office over the phone. Mainly because of what you said, assumptions can be made with badly phrased information.

Basically, I'm sympathetic to my employees when they are trying to do something for themselves. Like buying a car or house or applying for credit, and things of that nature. I want to answer those kinds of questions. However, for former employees, I only do what is required of me. And I know I can force any of those agencies to submit their requests in writing.
Mission146
Mission146
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June 15th, 2012 at 9:10:31 AM permalink
I usually don't have those kind of issues because I may have had two requests from unemployment in my four years managing this particular hotel.

In the first case, the housekeeper left allegedly for medical reasons. I got a letter six months later wanting me to confirm employment up to two weeks before the letter. The housekeeper then called the next day and strongly implied there could be some cash in it for me if I were to do this.

I responded, "No, I'm giving them the correct last date and saying you left voluntarily and must have made a mistake. If you ever contact me directly again, I WILL report you for attempted fraud."

The only other time I dealt with them it was someone who started no-showing. I got the letter a month later. I told unemployment, "I'll take your letter as her voluntary resignation, but she has neither resigned nor been terminated prior."

Most of my requests are from welfare, making sure the person was working when she claimed to be, or landlords verifying no employment gaps. If they cannot verify, then they might not rent and are usually not concerned enough to send a fax when they have fifty other applicants. That's why I give last day worked freely.
https://wizardofvegas.com/forum/off-topic/gripes/11182-pet-peeves/120/#post815219
onenickelmiracle
onenickelmiracle
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February 4th, 2013 at 12:36:34 PM permalink
Quote: Nareed

In most jurisdictions, the law allows any person to record any conversation he's a party to, regardless of whether other parties are aware of it or not. This means any call you answer could be recorded and no one has to tell you about it.


Yes, withing a jurisdiction possibly, but if you are calling from one state to another, you cannot without permission due to federal law. I have always wondered how a cell would play into it. Also wonder whether you can record the conversation yourself, without telling them, if they tell you, they are recording it.
I am a robot.
sodawater
sodawater
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February 4th, 2013 at 12:42:54 PM permalink
Quote: konceptum

Unfortunately, I have the opposite problem. None of my employees have ever left voluntarily. If I terminate someone, it's because that person is a waste of space. It also means that person probably can't find another job, and they will end up applying for unemployment. Similarly to you, I don't give out information on why someone was terminated, but I also don't give out last date of employment. Are they employed now? No. When did that change? None of your business. All requests from the unemployment office are answered solely by mail. (I won't even allow them to fax.) I won't answer any questions to the unemployment office over the phone. Mainly because of what you said, assumptions can be made with badly phrased information.

Basically, I'm sympathetic to my employees when they are trying to do something for themselves. Like buying a car or house or applying for credit, and things of that nature. I want to answer those kinds of questions. However, for former employees, I only do what is required of me. And I know I can force any of those agencies to submit their requests in writing.



well it's nice you are doing your part to delay the legitimate payment of unemployment benefits the separated employee had already paid into, at a time when he just lost his job, and probably desperately needs the income.
whatme
whatme
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February 4th, 2013 at 3:46:23 PM permalink
Quote: sodawater

well it's nice you are doing your part to delay the legitimate payment of unemployment benefits the separated employee had already paid into, at a time when he just lost his job, and probably desperately needs the income.



When it comes to unemployment (UI) . Employees may or may not be paying for UI as it depends on state laws if you want to check your state:

http://www.adp.com/tools-and-resources/compliance-connection/~/~/media/Compliance/2012FastWageTaxFacts/2012FastFactsALL060712/2012FastFactsALL060712b.ashx


As for delaying payments BS.
First you usually wait 2 weeks before you collect.
Second they pay whether they get the forms back, as it only matters if employer is claiming person has no right to collect.
bbvk05
bbvk05
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February 4th, 2013 at 3:54:52 PM permalink
Quote: Wizard

What about the case of Linda Tripp recording Monica Lewinsky? She was tried for that, although it gone thrown out because of something to do with Monica's immunity deal.

I also recall a case on the original People's Court, which was based on California law, where Judge Wapner remarked that recorded phone calls, without the permission of both parties, could not be used as evidence.

So, I think I have to throw the challenge flag here. Perhaps teddys can shed some light.




As Teddy notes, most jurisdictions only require one party's knowledge to record conversations. Which is the way it should be. Two party states are a license to lie.

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