Is it legal for an employer to ask for a reference askig a previous employer ro rate what kind of emolpyee I was?

UPDATED: Sep 30, 2022

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Is it legal for an employer to ask for a reference askig a previous employer ro rate what kind of emolpyee I was?

I live in Orlando Florida and I recently applies to a position as a bus driver. They are asking me to have my most recent employer fill out a reference sheet rating my work habits, and how I got along with other employees, attendance and other questions of that nature. I it legal for them to ask for this information? If not, may I ask for a statute and a link to the labor law that defines this action?
Thank You.

David Horton

Asked on March 16, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is perfectly legal, and there is no specific statute or law stating that it is legal, because this--asking another person to provide an opinion and/or unprivileged information--is the sort of thing that is legal *unless* there is a law making it illegal. Any prospective employer may ask a prior employer to rate, describe, etc. a previous employee's performance and describe what they were like as an employee.

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 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.

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