What Can Former Employers Say About You?

When hiring new employees, some businesses don’t rely on just resumes and interviews for information. Employee references and background checks may be a standard practice in certain workplaces. If you’re asked to provide references, you might be wondering what former employers can say about you. 

Could they paint your amicable resignation in a negative light? Do they have a right to divulge details about a whistleblowing incident involving you? Find out what a former employer can legally say about you and whether you have a right to sue. 

Why Employment Attorneys Might Be Useful During the Hiring Process

Searching for a new job and going through the hiring process is stressful enough without having to deal with potential labor law violations. Employment attorneys in Pasadena, CA, understand the rights of both laborers and employers and may offer guidance for any candidate questioning an employer’s actions. 

For instance, employers cannot discriminate against current or potential employees based on certain protected characteristics, including age, race, and sex. If you believe you’re the subject of workplace discrimination, you may be able to take legal action against an employer. 

Accepting a job offer may involve signing an employment contract. Consider having a lawyer review the document’s details if anything seems suspicious. This may provide peace of mind about the contract’s terms. 

Why Job Candidates May Stress Over Employee References

Not understanding what former employers can say about you when asked for a reference could lead to anxiety in any applicant. While you hope that every reference provides supportive feedback, fear may loom for the following reasons:

• You were terminated from a job: Being fired from a job may raise some concerns in potential employers thinking of hiring you. 
• You had poor working relationships: It’s hard to feel confident in your references if you and your former manager did not have a positive relationship. 
• Your job performance was under scrutiny: If a past employer believes you did not meet performance expectations, adding them as a reference may potentially impact your future job prospects. 

All of these issues could make you reluctant to name references. Thankfully, you do have some protections regarding what past employers can and cannot say about you. 

Viable Information That Previous Employers May Share

Suppose a hiring manager likes your resume, conducts what you believe to be a successful interview, and seems to be on track to offer you the job. Before the process ends, they let you know they’ll be running background checks on you and would like references from your past jobs. Should you panic?

There are some legal limits on what previous employers can disclose. Before we dive into those, here are some of the details that former employers can say about you:

• The start and end date of your employment: How long did you hold your previous job?
• Your previous role and job duties: What type of work experience do you have?
• The nature of your exit from the company: Did you voluntarily resign, or were you terminated?
• Your job eligibility: Are you eligible to work in a new position?

California law grants employers the qualified privilege to share these details, as well as other job-related information, such as an employee’s work ethic. 

Employers should avoid making false statements when other workplaces inquire about a former staff member. For instance, if you resigned from your last job, your previous employer should be truthful about your exit. Falsely stating that you were fired could make them liable for defamation. 

Details a Past Employer Cannot Legally Disclose 

Knowing what former employers can say about you is just as important as knowing what they can’t say. A reference’s information cannot be false or intentionally malicious. 

For example, say you were laid off from your last job, with the company citing budget cuts as the reason. When prospective employers inquire about it, your former employer accuses you of stealing equipment from the workplace. However, without any evidence to back up their claim, it raises defamation concerns. 

What if you signed an agreement with your old employer that included a non-disparagement clause? If they start spreading harmful information about you, they may be in direct violation of that agreement. 

Understanding Employment Defamation Lawsuits

Is it possible to sue a former employer based on what they reveal as your reference? It depends. Stating truthful information, such as previous performance issues, is generally not considered defamatory. Spreading malicious or false information, on the other hand, may give you grounds to sue. 

Consult an employment lawyer to learn what former employers can say about you under California law. Their words or actions could be the basis of a lawsuit, though you’ll need to gather evidence supporting your claim. Defamed workers who take legal action may pursue damages for the following:

• Lost wages
• Reduced earning capacity
• A damaged professional reputation
• Emotional distress 

The outcomes of these cases vary, and a seasoned lawyer can help you know what to expect. 

How To Protect Your Reputation With Former Employers

If you’re worried about what former employers can say about you in their references, take steps to protect yourself during the job search. Before leaving a position, ask your supervisor for a written reference letter. You may also contact HR representatives for details about a company’s reference policy. 

Another option is to include a non-disparagement clause in any written agreements about your departure.  

Consult an Employment Lawyer About Questionable Actions From a Former Employer 

Could your employee references be the reason you’re struggling to find a job? Knowing what former employers can say about you is crucial. If you believe that a past employer’s disclosures violate California labor laws, reach out to D.Law. 

Our knowledgeable attorneys understand the full scope of an employee’s rights. Come to us with any concerns about your protections in the workplace. Whether you’re unsure if requiring a driver’s license for a job is legal or need guidance about a wrongful termination case, we may be able to help. 

Contact us online or call (818) 275-5799 to schedule a consultation.