what can an employer ask of former employer?

Question

can a former employer give details of a firing?

Answer 1

They can ask. If the former employer is well-counseled, it will say that X worked from date Y through date Z, and have a nice day, because if they say one word more, they get sued for defamation and their insurance is NOT going to cover the lawsuit.

Answer 2

One employer can ask a former employer anything they want. It depends upon the relationship the two employers have. If they have no previous knowledge of one another then very little information is shared other than basic work dates and maybe terminated or released with no explanation.

If on the other hand they have a good working relationship then all kinds of information passes between them including what type of employee was the person and why there terminated or release.

Problem is the employee never has a clue as to what information passes, which is horrible for the employee but great for the employer.

Answer 3

They can ask about why someone was fired. The old employer may choose not to answer or may have a policy about what type of information it will give out in a reference check (many companies will only give out confirmation of dates of employment due to concerns about liability for defamation). There is nothing that is protected about the reasons for termination unless you signed an agreement with your old employer that it would be kept confidential or that they would provide a positive reference.

Answer 4

The can ask anything, and your former employer can answer anything as long as it is fact.

The myth that an employer can "only" give out name, dates, and hireability is false - that is based on the fact that most companies will not give out truthful information because we are such a litigious society.

If a perspective employer calls and asks "why did he/ she leave", and the the former employer says she was fired for excessive absenteeism - and you were in fact fired for excessive absenteeism then it is perfectly legal.

It's this hush hush nature of the hiring process and fear of litigation that allows bad workers to be passed from employer to employer. A prime example of that is Charles Cullen - the nurse who killed numerous patients. He was hired at nursing position after nursing position DESPITE the fact that he had been fired from two previous employers, asked to leave from one, and was investigated at several facilities. Had just one of his employers spoke up and said we fired him for harming a patient many people would be alive today.

Answer 5

You heard wrong. They can say anything that's true. And potential employers can legally ask about the areas you mention, and probably will. Some companies have policies to limit info that they give out, but it wouldn't be illegal for them to answer questions about your attendance and performance.

Answer 6

they can ask anything they wish and the former employer may answer any factual information that is not protected under HIPPA or protected status.
RANDY: you are quoting company policy, NOT law.

AS USUAL:
Cybershark is wrong. Now let's see if he can provide the specific state or federal law that supports his guess.

As an aside, anyone who thinks an employer is limited (other than what has already been discussed) in the type of data that can legally be exhanged please provide the specific statute that supports YOUR guess.

Answer 7

For a definitive answer, I suggest you check with your local state employment agency. I'm not sure how much of this is regulated by the state, and how much by Federal statutes.

Answer 8

Yes, but most don't because they don't want to risk a defamation lawsuit.

Answer 9

in the U.S the old employer can only state wheher or not he would rehire you if you re applied, and certain details on length of employment.

Answer 10

My understanding is that they can ask your hire date, termination date, title, ending salary, and whether or not you are eligible for rehire. As I understand it, they cannot ask why you do not work there any more.