Can a former employer tell a future employer why they were let go from their previous job?

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Can a former employer tell a future employer why they were let go from their previous job?

I was let go from a contracted position and they told my new
employer why they let me go. They did not go into detail
however, they did state a general reason. Is it lawful for a
company to discuss human resources issues such as these with
my future employer?

Asked on September 14, 2018 under Employment Labor Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, this is legal absent a specific written agreement to the contrary.  That is so long as your former employer states the facts accurately and in no way engages in any form of defamation (i.e. tells the truth) regarding your termination. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is completely legal unless they signed some agreement or contract (like a Separation and Release Agreement or SRA) which barred them from doing so. Except when restricted by contract, anyone, including a former employer, can discuss the reason you were let go with anyone else.


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