Can my previous employer give the reason for my termination to any company I apply for?

I was fired back 4 months ago for misconduct. My previous employer told me that I could use them as a reference but now that I had a job offered, when the new company called my previous employer for reference they released the reason for my termination. So now the job that was offered to me is off the table because of their reference.

Asked on June 27, 2017 under Employment Labor Law, Ohio

Answers:

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

Answered 3 years ago | Contributor

When an employee leaves their job (either voluntarily or by termination), their ex employer may disclose any information about their past performance so long as the information is true. So, for example in your case, you were terminated due to misconduct. Accordingly, your previous employer may share this reason and the details regarding it with prospective employers. However, anex-employer cannot make any statements that are false or "defamatory". If this happens, the worker may be able to file a lawsuit for defamation of character.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.