Labor and Employment Law
Illinois
Hiring and Retention

Can your previous employer tell an employer that you were terminated?

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Wiki User
2006-10-15 03:59:59
2006-10-15 03:59:59

There is NO federal law on this; it is a state-by-state issue. Never can an employer be sued for telling the truth, "Pat was fired 15 days ago", since that's true. In many states, a former employer cannot be subject to a suit for defamation for revealing even more details to a prospective employer. A growing trend is to extend "privilege" to the former employer for anything it says about your performance, attendance, or skill. Privileged communication means no defamation suit is possible. Washington employers gained that privilege last year. Check your state rules.

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