Is it legal for a past employer to say negative things to a future employer?

Question Details: My past employer told me that if I resigned that she would say positive things about me to future employers but if I chose to be fired that she would tell them why they chose to let me go. This is over a backround check that the past director of the program did not send in and the new director asked me to do another one. I told her that I had a recent wreckless driving judgement as I was filling the form out. One of my job requirements was to drive developmentally disabled adults in my car and when the backround check came back she said that I was a liability and asked me to resign.

Asked 10/30/2009 under Employment and Labor | 319 View(s) | More Legal Topics

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Employment and Labor Law Answers

In general it is legal for a former employer to give another employer true information about someone in a background check.  It could be confidential information protected by law, in which case, the employer should not give it.  However, you yourself told the new director about your reckless driving judgment, and if the new job requires driving developmentally disabled adults, your new employer is reasonable in saying that you are not qualified for the job.

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