Where can I find the law that says what a former employer can say and cannot say about you?

Question

Can that give specific details about personality and personal opinions?

Answer 1

I am not sure where to find the law, but anything they say can be used against them as slander. Previously, I was in management with a large company, and they only allow you to state dates of employment, and whether or not you are rehireable. Anything beyond that can be considered slanderous.

Answer 2

There is no law concerning background checks, and no, an employer is not held liable for stating true information about a former employee. They may discuss attendance, pay rate, job duties, performance with a former employer. A former employer may be sued for not releasing truthful information that could harm the next company. For instance, a person who gets violent or makes threats towards someone and is fired. If the employer does not give information such as "we had to file a restraining order" or something like that (information must be truthful not an opinion) and the other company hires him. The person then gets violent at the new company, the new company can sue the former company for not giving them pertinent, truthful information that could cause harm to the business or other people. You can not bad mouth somebody for the sake of doing it, or because you are mad at them. But one little detail could be key - "did they give notice and work that notice out productively and satisfactorily"? Be careful once you have given notice to a company how you behave. As far as personal questions, it's a sticky area. You sign a release to give out information about you. Read the langauge in that release statement about what information you are releasing your former employers from giving out about you.

Answer 3

It's in tort law under things like defamation, slander, libel, interference with trade, etc. But it's not a matter of what they can and cannot say as employers, but as individuals. Then there's that pesky little thing called The Truth. If what they say is true, there's not much you can do about it because telling the truth is not a civil or criminal offense.

Most employers limit what they will say only to avoid an accusation. They will only confirm, not volunteer, dates you worked, salary you made, and the only "clue" they can give as to what they think of you would be in the "would you hire them again" question.

Answer 4

Laws differ from state-to-state and, some companies also set their own standards that may be more strict than what the law states. For the most part, they play it safe by only sharing dates of employment, job title and whether you are eligible for rehire.

You can try a google search for employment reference checking laws for your state.

Answer 5

I looked and couldn't find anything online. But as far as I know, that is right... they can only say when you worked there and if they would rehire you. They aren't allowed to give opinions and say anything that would be considered negative. Funny thing though, I couldn't find a job for 3 months.... my old supervisor was fired... and that week I got a new job. Sounds kinda odd if you ask me.