What an Old Employer Can and Cannot Say in a Job Reference

When a new employer contacts your old employer for a reference, the information shared can significantly impact your job prospects. However, the extent to which an old employer can or cannot comment on your performance and work history depends on the laws and regulations of the country and the company's HR policies. Understanding these differences is crucial for both employees and employers.

Regulations and Restrictions

In many countries, there are strict regulations governing what can be said in a job reference. For instance, in the United States, the job reference code (though not a formal law in every state) discourages negative comments through the Department of Labor (DOL) reference codes. If your old employer says, 'We were content with his work,' this is considered a neutral or harmful statement. However, saying, 'We were always absolutely content with his work,' is a much more positive and truthful statement according to the job reference code.

What Old Employers Can Say

Old employers have a lot of leeway in what they can say, primarily constrained by the need to provide truthful information. They can criticize your performance, punctuality, and adherence to company rules. For example, if you consistently arrived late, refused to follow rules, or did poor work, your former employer can mention this. The key is to ensure the information provided is accurate and verifiable.

What Old Employers Cannot Say

Despite their freedom to share information, old employers are not allowed to make unfounded or malicious statements. They must stick to the facts and avoid defamatory comments. For example, if a former employer says, 'John was a bad employee because he did not like the boss,' this could be considered defamatory and could lead to legal action. Employers are only bound by the need to provide truthful information and must refrain from making false statements that could harm an employee's reputation.

What New Employers Can Ask

New employers typically only ask for basic details when contacting former employers. The questions they ask usually include:

Your start and end dates of employment Your job title and a description of your role Whether they would rehire you Any reason for leaving the job if applicable

These are standard inquiries designed to verify the dates you worked and your general fit for the role. If more detailed information is needed, it's usually provided by the former employer, with a caveat that it should only be shared if it is truthful and verifiable.

Off the Record Conversations

While official responses are limited to basic factual information, many former employers might share additional information informally. These off-the-record comments can be straightforward or more nuanced. For example, if you left on good terms, a positive informal comment might be made. However, if there were unresolved conflicts or the departure was contentious, a negative perspective might be shared. It's important to understand that these off-the-record discussions are not legally binding, and both parties should be cautious about what is and isn't appropriate to share.

Consequences for Inaccurate Information

Providing inaccurate or false information can lead to legal troubles. If you can prove that the information is false and it results in harm, you may have grounds for a lawsuit. Employees have protections in place, such as the Equal Employment Opportunity Commission (EEOC), which can provide assistance and resources if you become the victim of a misguided or malicious reference check.

Conclusion: Understanding the rules around job references is vital for both current and former employees. While employers have a lot of freedom in what they can say, they must ensure the information provided is truthful. New employers should stick to basic facts, and former employees should be aware of the potential for off-the-record comments that might influence hiring decisions. Seeking legal advice if you feel wronged can be beneficial in protecting your professional reputation.