Can a previous employer tell you current employer how much money you made at your previous job and other things about you previous work history?

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Can a previous employer tell you current employer how much money you made at your previous job and other things about you previous work history?

Asked on April 6, 2011 under Employment Labor Law, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

A former employer is not limited the merely the discussion of basic information (i.e. confirming that you actually were employed there and the dates of your employment, etc.).  In fact, there is no action against a former employer for giving detailed responses (even if negative) to a prospective employer's inquiry.  The law provides what is called a "qualified privilege" for answers to pre-employment inquiries.  This guarantees that companies will be free to answer these-type questions fully without fear of a lawsuit.  This means that a former employee can only sue for willful or reckless remarks; that is for things that are false and grossly untrue. 


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