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Legal Considerations for Reference Checks

Letter from Blue Planet's President.

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Legal Considerations for Reference Checks

After we check your reference(s) and send you a report you may find that a former employer is not providing accurate information about you or worse. What do you do?

We can't provide legal advice but generally, depending on various factors, you can make an EEOC complaint or commence a legal action for libel, defamation of character or similar torts. Often a letter sent by an employment lawyer will solve the problem right there.

However, if you need to take it further we can help you. We can prepare a written report on our letterhead, attest that it is a normally produced and stored business document, have it notarized and FedEx it to you.

Generally this document will be admissible at most administrative hearings. Administrative hearings generally do not have rules of evidence as complicated as a county or federal court. You normally need only one copy.

Should you file a civil action in state or federal court, your attorney should advise you. Virtually every case has a discovery phase during which depositions are taken. You can introduce the Blue Planet report in the deposition. If the other side does not object, it is then going to be admitted into the trial. In this case you should have three copies. You need one for the defense, one for your attorney and a copy to introduce into the record in court.

Notarized copies are $35.00 for the first copy and $15 for each additional copy. The fee includes USPS Priority Mail Delivery. Turn around time is 48 hours.

If a county or federal court will not accept the document as such, then it is necessary to establish grounds to introduce it. This normally takes personal testimony which would involve an officer of our corporation flying to your city and appearing in court. This would cost the price of a round trip airplane ticket, hotel room for one night, $240 reimbursement for payroll costs, $50 for meals and reimbursement for a taxi or car rental and other necessary costs. If you have a contingency contract with your attorney, he should normally cover these costs.

If you have to pay this directly, you might be able to convince the judge that this would be a hardship, and ask the judge to allow testimony by telephone. Testimony by telephone requires payment of a $35.00 additional fee. You can use the the shopping cart below.

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Audio Recording

We do not offer the recording of telephone calls. In the State of Florida the consent of both parties is required. It is also necessary to play a beep on the line every fifteen seconds. This is not practical. Recording without consent is the same thing as wire tapping and is a felony. If you intend to tape a call yourself, be certain to learn the law in your state. If the recording is against the law it will not be admitted in a court of law.

For more information, please call our Customer Service number at 305-897-2593 or our Toll Free number at 1-800-518-1206. Email us at info@employee-references.com.

Thank you for your business.

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Copyright 2011 by Blue Planet Offices, Inc.
Blue Planet Offices, Inc., 1107 Key Plaza #306, Key West, FL 33040-4077
Customer Service 305-897-2593 or Toll Free 1-800-518-1206