Is a former employer allowed to tell a prosepctive employer that an employee was fired?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a former employer allowed to tell a prosepctive employer that an employee was fired?

Asked on December 17, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, this is completely legal so long as it is the truth: the law does not make information about termination confidential or otherwise protected, so your employer may freely share it with anyone. Indeed, if they lied about the fact that you were fired if a prospective employer called them for a reference, they could possibly become liable to the prospective employer if you employment did not work out, so the only safe things for them to do are either to tell the truth or say "we do not give out references" and politely hang up the phone.

If they lied and you were not fired, that would be a different story: in that case, they may have committed defamation, and you might have a legal claim against them.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption