What information canan employergive out about an former employee?
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What information canan employergive out about an former employee?
While applying for employment with a police department, a background check was conducted. A previous employer gave out negative information about a couple of write-ups that I had no knowledge of. I had previously requested to see any negative paperwork in my file and was told I could not see my file at all. Am I allowed to look at my own file if there is something supposedly negative I am unaware of?
Asked on July 31, 2011 Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) A former employer may disclose *any* information it wants to about a former employee's employment, performance, issues at work, reason for and conditions under which the employment ended, etc., subject on to the following:
2) If an untrue factual statement is made (e.g. they say you stole from the company, when you did not), that may be defamation and entitle you to sue; note, though, that an opinion (e.g. "John Doe was the worst employee I ever had") or a true factual statement are not defamation.
3) There is some agreement (e.g. a SRA, or seperation and release agreement) specifically limiting disclosure.
4) They can't give out private information (e.g. bank account number, information relating to health problems, etc.).
There is no obligation to share your file with you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) A former employer may disclose *any* information it wants to about a former employee's employment, performance, issues at work, reason for and conditions under which the employment ended, etc., subject on to the following:
2) If an untrue factual statement is made (e.g. they say you stole from the company, when you did not), that may be defamation and entitle you to sue; note, though, that an opinion (e.g. "John Doe was the worst employee I ever had") or a true factual statement are not defamation.
3) There is some agreement (e.g. a SRA, or seperation and release agreement) specifically limiting disclosure.
4) They can't give out private information (e.g. bank account number, information relating to health problems, etc.).
There is no obligation to share your file with you.
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