Legally what can a previous employer say or can not say in reference to a previous employee?

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Legally what can a previous employer say or can not say in reference to a previous employee?

Are there only certain questions that can be answered or asked?

Asked on October 26, 2012 under Employment Labor Law, Florida

Answers:

Mike Harvath / Harvath Law

Answered 8 years ago | Contributor

     Generally speaking, there are not many legally imposed restraints on what a prior employer can say about a prior employee.  However, medical conditions are off-limits, and a prior employer can be risking legal liability if he/she discloses medical information about a prior employee.  Issues concerning character, honesty/integrity, ability to work under pressure, work ethic, professionalism, communication skills, criminal background, etc.. are all fair game.  One thing to remember, however, is that a prior employer could be subject to a claim for defamation if the information provided is false and damaging to one's character, provided that true monetary damages could be shown.  Thanks.


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