What are former employers allowed to say about you?
When you leave a job, it’s natural to wonder what your former employer can and cannot say about you. This is an important consideration, especially if you’re considering a new job or if you’ve been out of work for a while. Understanding the legal boundaries can help you navigate potential misunderstandings and ensure that your professional reputation remains intact.
General Information
Former employers can provide general information about your employment, such as your job title, dates of employment, and job duties. This information is usually straightforward and does not require any legal restrictions. However, they should not provide any details that could be considered confidential or sensitive.
Performance Evaluations
When it comes to performance evaluations, former employers can provide information about your job performance if it is part of their standard practice. They can mention if you were a high-performing employee, met expectations, or were terminated for cause. However, they must avoid making negative comments that could be defamatory or libelous.
Reason for Termination
The reason for your termination is a sensitive topic. Employers can legally disclose the reason for your departure, such as “terminated for cause,” “resigned,” or “laid off.” However, they should not provide any additional details that could be considered defamatory or that could negatively impact your reputation.
Confidential Information
Employers are not allowed to disclose any confidential information about you, such as salary, medical records, or personal information. They should also avoid discussing any internal company matters that could be considered confidential.
Defamation and Libel
It’s important to note that former employers can be held liable for defamation or libel if they make false and harmful statements about you. This can include making false accusations of misconduct, dishonesty, or other negative attributes. If you believe that a former employer has made false statements about you, it’s important to consult with an attorney to understand your legal options.
Requesting a Reference
If you’re seeking a reference from a former employer, it’s best to provide them with a list of specific questions or topics you’d like them to address. This can help ensure that the reference is focused and avoids any potential for misunderstandings.
In Conclusion
Understanding what former employers are allowed to say about you is crucial for maintaining your professional reputation. By being aware of the legal boundaries and taking appropriate steps to address any false or harmful statements, you can ensure that your career remains on track. Always remember to consult with an attorney if you believe your rights have been violated.
