What can employers say about former employees?

On Behalf of | Jul 18, 2024 | Employment Law

As an employer, you frequently get called for references for former employees – sometimes, surprisingly so. When you and a former employee parted ways in less-than-amicable circumstances, you may wonder exactly what kind of value any reference from you may have.

You may also be worried about what you can and cannot say to the business manager or owner who is calling. If you don’t say enough, you may feel like you’re doing yourself and the other business a disservice. If you say too much, you could get sued for defamation. 

Stick to the basics –  unless you’re directly asked

You already know you can’t say anything false about your former employee – but even the truth could hurt you if it is unsolicited and the statement seems to be rooted in malice, made for no other purpose than to make sure that your former employee doesn’t get hired at the new place.

That’s why the vast majority of employers stick to the basics:

  • The dates your former employee worked for you
  • Their job title
  • Whether or not you would rehire them

The last statement, given without context, can be enough to clue the other business in about the problems you may have had with your former employee. If you are directly asked about the reason you fired your former employee, give just the basics. For example, you can tell the prospective employer that your former employee was fired due to excessive tardiness – but not that you suspect they couldn’t keep their schedule straight because they were using drugs or hungover all the time.

It’s often easier to know how to respond to hypothetical situations than real life ones – which is why obtaining tailored legal guidance for your business can be helpful.

 

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