What Can a Past Employer Say About You

One of the things job seekers often wonder about is what a previous employer can say about them every bit a quondam employee. Some chore seekers believe companies can legally release only dates of employment, salary, and their old chore title. However, that's not the case.

If yous're chore seeking and on shaky terms with your last employer, this may come as alarming news—especially if you were fired or terminated for cause. But fifty-fifty if you left on your own terms, yous might have concerns.

You may wonder whether your sometime boss could say that you quit without find, for instance, or that you were frequently tardy or performed poorly on the job. Are in that location limits to what an employer can say about you?

What Former Employers Tin – and Can't – Say Well-nigh You

© The Residue, 2018

Federal and State Laws

At that place are no federal laws restricting what information an employer can—or cannot—disclose about former employees. And while most states have laws about what employers can legally disclose, and to whom, many exercise allow employers to share details most job performance, responsibilities, and professional conduct.

Companies Are Cautious

In many cases, if y'all were fired or terminated from employment, the company can say so. They tin as well give a reason. For example, if someone was fired for stealing or falsifying a timesheet, the company can explain why the employee was terminated. Depending on state laws, employers may also be able to share full general feedback on your functioning.

That said, because of defamation laws, companies are usually careful about what information they provide to hiring managers confirming employment or checking references. What they say must be the truth or the company tin be subject to a lawsuit from the former employee. Legally, a quondam employer tin can say anything that is factual and accurate.

Business concern almost lawsuits is why many employers will simply confirm dates of employment, your position, and salary.

How to Cheque on What the Company Will Disclose

If you have been fired or terminated, check with your one-time employer and ask what data they volition give out when they get a call to verify your work history. For background, it may be helpful to review questions commonly asked during reference checks. If your erstwhile employer does give out more information than the basics, information technology doesn't hurt to try to negotiate the boosted details they share. It certainly can't hurt to ask.

If you left under hard circumstances, yous could ask someone yous know to call and bank check your references, so that you'll know what information is going to come out. You can as well utilise a reference checking service to check on what will be disclosed to future employers.

Getting the Story Straight

It's of import that your story and your one-time employer's story friction match. If you say you were laid off and the company says y'all fired, you're not going to get the job. Misrepresenting your chore title or employment dates is a red flag for a potential employer and could result in y'all non getting the task.

Also, not telling the truth during the awarding process can get you fired at any time in the future—even years after you lot were hired. That'south because most chore applications have a section where you lot verify the information is authentic.

Don't Presume the Company Won't Disclose Information

Don't assume that your former employer won't disembalm the reason why your job concluded. Big companies typically have policies regarding the disclosure of former employee information, simply some may non. Many smaller employers don't have a policy at all or aren't enlightened of or concerned about legal liability issues.

Information technology's important to know what the employer is going to say about you because what you lot say needs to match what the company is going to say.

If your version doesn't friction match theirs and you lot experience the company's story about your termination isn't accurate, be upfront and say so. You'll have a better adventure of getting the job than if y'all say i thing and the company says another.

Finally, if you conceptualize a negative reference from a former employer, share additional references. If you lot didn't get along with your director, for example, provide a peer as a reference as well. Or, provide reference options from jobs before in your career. 1 negative reference will seem less meaningful if in that location are many positive references bachelor as well.

The information contained in this article is non legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state's laws or the well-nigh recent changes to the police. For current tax or legal communication, please consult with or an chaser.

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Source: https://www.thebalancecareers.com/what-can-employers-say-about-former-employees-2059608

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