Is it legal for a former employer to tell your current they suspected you of stealing after giving a good reference upon hire?
3 attorney answers
I agree with Attorneys Denton and Jackson and would add that it would be in your best interest to try to obtain at least 2 or 3 “no charge” “no obligation” consults with AZ-based employment attorneys. Those of us who practice employment law and whom answer questions posted here on AVVO are an excellent place for you to start your search for local counsel. Good luck and best regards, Rob Fortgang - Employment Law Attorneys / 800-932-6457 / [email protected] / We can Help.
Former employers can give any information about you they want about your work performance, as long as it is true and not covered by privacy laws. To avoid possible legal troubles with former employees, though, many employers adopt a policy of giving only neutral information.
This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.
Employers may share information with each other regarding an individuals work performance. For example, a former employer could disclose its opinions regarding the quality of a former employee's work. The former employer could also disclose the reason why the former employee was separated from employment. Even though it is legal to disclose more, many employers have a policy of only confirming dates of employment and position held. Such policies are called "neutral reference" policies.