What Can (and Can't) an Old Employer Tell a New Employer?

When an old employer provides information to a new employer, they typically share details that fall into specific categories. This article delves into those categories and the legal and ethical considerations surrounding them, ensuring that both employers and employees are well-informed.

Categories of Information Provided

There are several key areas covered when an old employer shares information with a new one:

Employment Verification

The first category is Employment Verification. This category involves confirming the candidate's job title, dates of employment, and whether they were a full-time or part-time employee. While providing such information is standard, it's crucial to note that some old employers might have policies or legal restrictions regarding the amount of data they are willing to share.

Job Performance

Insights into the employee's work ethic, skills, and overall performance are another significant aspect. This might include highlighting strengths and weaknesses, contributions to projects, and the ability to meet deadlines. It's essential to maintain a neutral tone when discussing work performance to avoid any potential legal issues.

Behavioral Traits

Another area covered is Behavioral Traits. This encompasses comments on the employee's attitude, teamwork, communication skills, and professionalism. Feedback in this area should be based on factual observations and avoid subjective interpretations.

Reason for Leaving

The old employer may also share why the employee left the company. This can include voluntary departures, layoffs, or terminations. Providing this information can give the new employer valuable insights to inform their hiring decision.

Eligibility for Rehire

Lastly, the old employer may comment on the Eligibility for Rehire. This can indicate their overall satisfaction with the employee. However, considerations should be made based on company policies and potential confidentiality agreements.

Laws and Policies

The specifics of the information provided can vary based on company policies, local laws, and the relationship between the old and new employer. In the United States, there are no laws that directly specify what an old employer can and cannot say. However, few employers, particularly large ones, hesitate to provide more detailed information, often limiting disclosure to dates of employment and, sometimes, salary. This policy is mainly upheld to minimize lawsuit risks. Providing “false” information can lead to defamation or interference with contract claims. In practice, if former employers talk to HR professionals, the scope of information is typically more limited compared to when they discuss with supervisors or other relevant staff.

Legal and Ethical Considerations

An old employer cannot say anything negative about a candidate's work performance if it might prevent them from getting a job with a new employer. Doing so could make the old employer liable for defamation or other legal claims. Maintaining a professional and ethical standard in the information provided is crucial to safeguarding the interests of all parties involved.

For candidates, it's vital to understand that your past experiences can significantly impact your future opportunities. Always be transparent and honest with your old and new employers, and respect privacy and confidentiality laws.

For employers, it's essential to foster a positive and ethical culture. Providing the right amount of information can help build trust and support a smooth transition in the workplace.