If you’re on suspension from a job and a person calls that job for a reference, can your employer say that you are on suspension?

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If you’re on suspension from a job and a person calls that job for a reference, can your employer say that you are on suspension?

Asked on September 26, 2012 under Employment Labor Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a future possible employer calls an old or current employer, the current employer can provide whatever information they choose as longs as it's the truth and does not violate HIPPA (medical privacy laws).  Many employers will simply say that a person is employed or not employed and that the person is either eligible or not eligible for rehire.   The reason that most employers do this is to avoid any defamation issues.  Even though this is the policy of most employers, any employer can provide additional details, including suspension information, if they choose to do so.


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