What you can and cannot say

What you can and cannot say

David Sparks Ph.D.
David Sparks Ph.D.
I found out something very interesting from the AgCareers team. Tell you about it in a second. I have heard over and over through the years that, when a company is hiring someone new, if they talk to a former employer, all the former employer can tell the prospective new employer is generic information such as dates of employment, salary, and job title. That has always bugged me because if an employee did a lousy job, I think the prospective employer should be able to hear about it. But then I thought that was illegal and would set the former employer up for a potential lawsuit. Well the good folks at AgCareers informed me that There are no federal laws restricting what information an employer can - or cannot - disclose about former employees. If you were fired or terminated from employment, the company can say so. They can also give a reason. For example, if someone was fired for stealing or falsifying a time sheet, they can explain why the employee was terminated. That said, because of laws regarding defamation (which is slander or libel) companies are usually careful about what information they provide to hiring managers confirming employment or checking references. What they say has to be the truth or the company can be subject to a lawsuit from the former employee. Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.

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