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Is it illegal for future employers to call or ask a past employer the reason why they got fired or released???
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Is it illegal for future employers to call or ask a past employer the reason why they got fired or released???

let say a friend of mine got fired for stealing from his work, so he was let go. well he put the old job in his reference and got a new job saying that he quit that place. and i was wondering if its ok for the new job to call and ask why he was let go from the previous employer. i feel that its fair game if you put the old job as a reference and not illegal to call and ask about them and they reason why he was fired. so any input and credible source to back up is appreciated thanks!!!!


    

med20
It depends if you are in a right-to-work state or not.


Shane
Absolutely legal for the former employer to advise a possible new employer of this as long as it is the truth, in which this particular case it is. Here is how it works. If you had an employee who committed theft, or attacked a fellow co-worker, or purposely damaged company property and the new employer was not warned of this potential liability and they find out the old employer knew they could hold them liable and sue the former employer. The only way it is illegal to give a negative reference is if it is with a wilful intent and malice for the former employee not to gain willful employment due to the falsified statements they are making regarding that employee. Again, in this case your friend did commit theft and that company is now protecting themselves. Best thing he/she can do is not include them as a reference and past employment.


stan c
Yes, but in most cases most former employers will verify your date of hire and when you left. Never say you were fired from a job. Just say you left because you were dissatified or there was a change in management.


Orion
It isn't illegial for them to ask why you got fired or released but it is illegial for your former employer to answer. They can confirm the dates that you worked for the company, your position and if you are eligable for rehire. Some places will still do that but it is asking for a lawsuit.





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