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Old 16.06.2011, 12:38
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Blacklisting - employment law

Are blacklists legal here? Of course, managers may choose to reject anyone for a job application - what I'm talking about is a list, perhaps held by HR, of people who will not be considered for any position within the company, either as an external or an internal, possibly anywhere in the world.

In many countries such lists are illegal, as they can be effectively libellous. I guess they're probably not outlawed here, but you never know.
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Old 16.06.2011, 12:47
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Re: Blacklisting - employment law

Though this might not be proof of anything, the bank my husband works for does have a blacklist. A friend of ours was fired and notifed of the fact. Since he actually was notified in written form, i would guess it is legal till taken to the authorities
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Old 16.06.2011, 12:49
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Re: Blacklisting - employment law

Interesting. How about if the worker hadn't been informed, and was in fact told at the exit interview (though not in writing) that there was no issue with them being re-employed, manager decision notwithstanding?
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Old 16.06.2011, 12:52
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Re: Blacklisting - employment law

I have no idea...

But in a way it seems only logical that companies keep personal records of all their past employees. So in case of someone who was fired due to gross behaviour aplies again, they will be able to easily identify and not allow a re-hire?

(The idea of comunication of those lists sounds kinda scary though)
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Old 16.06.2011, 13:04
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Re: Blacklisting - employment law

Sorry, I don't mean to drip feed. In the case of firing, it seems clear. But often there's just a "mutual agreement to terminate the contract". There's no (official) wrong doing on either side.
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Old 16.06.2011, 13:13
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Re: Blacklisting - employment law

My former company had a policy of never re-hiring an ex-employee. Their view was that it showed that the person was unprofessional and that they had made an ill judged decision to leave.

They were a bit medieval in other ways too.
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Old 16.06.2011, 13:43
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Re: Blacklisting - employment law

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My former company had a policy of never re-hiring an ex-employee. Their view was that it showed that the person was unprofessional and that they had made an ill judged decision to leave.

They were a bit medieval in other ways too.
How about ill judged decisions on the side of the company? If they fired the wrong guy, would they re-hire him?

Honestly, I can see a purpose of a black list: We all have met people who absolutely under-perform, had bad work ethics or a "difficult personality" that influenced teams negatively. I find it totally ok if companies keep a record and say "never again" as this are things you cannot read out of a CV. Putting EVERY ex-employee on this list is on the other hand plain stupid... it's not only the employee who loses, but the company.
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Old 17.06.2011, 03:42
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Re: Blacklisting - employment law

Companies here always ask for references from previous employers. If there are serious unexplained gaps, more than 6 weeks, no interview is offered.

The black list is unecessary, as bad behaviour would be mentioned in the reference by not quite praising the employee enough. "He has worked to our satisfaction" is not good at all. But "He has worked dilligently to our complete satisfaction" is good.
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Old 17.06.2011, 07:28
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Re: Blacklisting - employment law

I understand that blacklists serve a purpose, even a morally ethical and useful one. And while references might be work nicely for employees, they're not used for externals being used in a company.

The question is "Are blacklists legal?", in the context I described. I.e. a list, perhaps held by HR, of people who will not be considered for any position within the company, either as an external or an internal, possibly anywhere in the world.
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Old 17.06.2011, 08:35
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Re: Blacklisting - employment law

Please correct me if I am wrong but afaik blacklists within one company are not illegal anywhere. Subject to anti-discrimination laws any individual company is free to hire or not hire who it likes. It is the communication of those lists between different companies that is sometimes illegal.
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Old 17.06.2011, 09:15
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Re: Blacklisting - employment law

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Please correct me if I am wrong but afaik blacklists within one company are not illegal anywhere. Subject to anti-discrimination laws any individual company is free to hire or not hire who it likes. It is the communication of those lists between different companies that is sometimes illegal.
I can't say for sure, but it's certainly a common practice.

http://online.wsj.com/article/SB1000...145567138.html
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Old 17.06.2011, 09:43
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Re: Blacklisting - employment law

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Companies here always ask for references from previous employers.
'Normally', perhaps, but not 'always'.

Tom
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Old 17.06.2011, 11:49
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Re: Blacklisting - employment law

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Companies here always ask for references from previous employers. If there are serious unexplained gaps, more than 6 weeks, no interview is offered.

The black list is unecessary, as bad behaviour would be mentioned in the reference by not quite praising the employee enough. "He has worked to our satisfaction" is not good at all. But "He has worked dilligently to our complete satisfaction" is good.
I can only repeat myself: I hear all the time about those mysterious coded references, but have in fact never ever seen one. And I am happy to admit that I wrote nearly all my references myself - because my managers were a) a bit lazy and b) did not want to have unnecessary discussions on the phrasing. As I do not expect my managers to be exceptions, I would not at all trust reference letters alone.

And I can think of various reasons to blacklist a person which you could not possibly write into a reference.
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Old 17.06.2011, 12:21
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Re: Blacklisting - employment law

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If there are serious unexplained gaps, more than 6 weeks, no interview is offered.
How idiotic a practice this is. So if i do not work for six weeks or more, I am not worth hiring. "Serious, unexplained gaps".... even the sound of it annoys me.

To be honest I normally try to get at least this time between jobs, to have to time to smell the roses.

Of course, maybe it would be better if i was a mindless corporate drone where when i cut off my arm, it would say the company name right through me, as one guy once proudly advised.

I truly cannot understand these people who leave one job on a friday and start the next after that weekend.
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Old 17.06.2011, 12:34
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Re: Blacklisting - employment law

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...And I am happy to admit that I wrote nearly all my references myself - because my managers were a) a bit lazy and b) did not want to have unnecessary discussions on the phrasing. ...
This is my experience also. The thing is, if this really does happen, people have already cottoned on to it, so it's totally pointless.

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How idiotic a practice this is. So if i do not work for six weeks or more, I am not worth hiring. "Serious, unexplained gaps".... even the sound of it annoys me..
Hey, with some companies it's better to say on your CV that you were in jail, than that you were working for them.

I makes sense that it would be legal internally. No company is obliged to allow anyone they don't want onto the premises. Of course informally they exist between companies. I've refused to employ someone who I'd worked with in a former company. In that sense, they're on my blacklist.
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Old 17.06.2011, 12:40
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Re: Blacklisting - employment law

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I've refused to employ someone who I'd worked with in a former company. In that sense, they're on my blacklist.
Plus you can bet there's a bit of informal inter-company networking. "Hey NAT, I see my candidate worked at Technowarts while you'd have still been there. What was he like?"
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Old 07.11.2012, 00:54
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Re: Blacklisting - employment law

Sorry to reopen this thread. I've tried search but this is the closest I found.

I am interested in a 'blacklist', or 'white list' if you wish, but the other way around: employees ratings of companies in Switzerland. I do not believe in pseudo-official scores of the type 'best employer of the year', I was rather looking for a ratings website with good coverage for Switzerland, with employees impressions, possible salaries info, etc. Any idea?

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Are blacklists legal here? Of course, managers may choose to reject anyone for a job application - what I'm talking about is a list, perhaps held by HR, of people who will not be considered for any position within the company, either as an external or an internal, possibly anywhere in the world.

In many countries such lists are illegal, as they can be effectively libellous. I guess they're probably not outlawed here, but you never know.
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