In Texas, if a past employer tells a prospective employer why you were terminated, is the previous employer required to notify you?

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In Texas, if a past employer tells a prospective employer why you were terminated, is the previous employer required to notify you?

It seems that Tex. Civ. Stat. Ann. Art. 5196 says that’s what must be done but I’m just wanting to be clear. I haven’t received anything from my previous employer so they either haven’t said anything to prospective employers or are not following the law.

Asked on May 2, 2019 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In TX, you have to specifically request of copy of any information provided as. job referral to a prospective employer; the prior employer does not have a duty or obligation to affirmatively reach out and tell you about any references they provided. You need to make your request in writing.


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