I recently had to leave work for psychiatric reasons. I wish to return to work in a new career field. Will the employer......

Asked about 2 years ago - Fond Du Lac, WI

I recently had to leave work for psychiatric reasons. I wish to return to work in a new career field. Will the employers I submit my application/resume to have access to the records? There is some information which I am very sensitive to....

Attorney answers (2)

  1. James A. Walcheske

    Contributor Level 9

    Answered . Unless your former employer maintains what is referred to as a "neutral reference policy," where it does not release any information beyond certain, set things (usually dates of employment, last position held, and last rate of pay), then your former employer would technically be allowed to answer any question asked of it by a prospective employer, so long as they do so truthfully. So, in the event your former employer does not have a neutral reference policy and you were terminated, if your former employer was asked how your employment ended, it could say that you were terminated, and so on and so forth.

    In your question you referenced "records," and there is no reason for your former employer to be sharing documents from your personnel file with prospective employers, if that was your concern. This is particularly true with respect to medical records. There is no employer dumb enough to share that sort of information.

    Hope that helped.

    James A. Walcheske
    Walcheske & Luzi, LLC

    This answer was provided for general informational purposes only, and should not be construed or interpreted as... more
  2. Elizabeth Tandy Foster


    Contributor Level 13

    Answered . I cannot say for sure but most employers when called by a new employer now follow this procedure: they divulge nothing except your last job title, dates of employment and your salary.
    You can ask the HR department whether this procedure is followed at your former place of employment.

    Please note that I am not admitted to practice in Wisconsin and so my comments are general and may not be considered legal advice.

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Jon Mitchell Jackson

Automobile Accidents

Most people are not aware of the fact that motor vehicle accidents are the leading cause of injury and death in the United States. Americans collectively drive almost three trillion miles... more

Work-related personal injuries

Employees can sue for damages if they’ve suffered work-related injuries. These lawsuits are separate from workers’ compensation and cover more kinds of injury.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

22,556 answers this week

2,756 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,556 answers this week

2,756 attorneys answering