Can a former employee sue an employer for a bad reference?
That means the employee can’t file a suit against the employer for giving a “bad” reference. What the court said is that “the integrity of employment references not only is essential to prospective employers, but also to prospective employees, who stand to benefit from the credibility of positive recommendations”.
What can an employer say about a former employee?
Legally, a former employer can say anything that is factual and accurate. Concern about lawsuits is why many employers will only confirm dates of employment, your position, and salary. How to Check on What the Company Will Disclose
Do you have to disclose information about former employees?
Large companies typically have policies regarding the disclosure of former employee information, but may not. Many smaller employers don’t have a policy at all or aren’t aware of or concerned about legal liability issues.
Can a former employee confirm dates of service?
For “bad” employees, they say that they can just confirm dates of service and titles. There’s a wink and a nod, and everyone is supposed to understand the code. But some states, like Connecticut, have created a privilege for employment references of current or former employers that were solicited with the employee’s consent.
Legally, a former employer can say anything that is factual and accurate. Concern about lawsuits is why many employers will only confirm dates of employment, your position, and salary. How to Check on What the Company Will Disclose
Large companies typically have policies regarding the disclosure of former employee information, but may not. Many smaller employers don’t have a policy at all or aren’t aware of or concerned about legal liability issues.
Do you have a case against a former employer?
Many states recognize a qualified privilege – which protects the speaker as long as he or she acted without malice – for statements made in the context of giving an employment reference to a prospective employer. (To find out your state’s rules, select it from the list on our Hiring Lawsuits page.)
When to share information about your previous employer?
In the Workplace. At some point, you may be asked to share information about a previous employer after a new company hires you. This is especially likely if you were recruited from a business because of that company’s success or because of your role in making the company profitable.