What can new employers find out from your old employers?

Answer 1

In Texas they are allowed to ask your hire date, last day of employment, your ending salary and if you are eligible for rehire. If you are not eligible for rehire the prospective employer cannot ask why. The problem is if you were laid off and signed a severance package that would make you ineligible.

Answer 2

In part, it depends on the old employer's policy. Some employers will only confirm employment dates and position. The new employer may be interested in additional information if the old employer is willing to provide answers to questions such as: pay rate, reason for seperation, attendance and punctuality, competency in skills related to the new position, strengths and weaknesses from management's perspective, ability to get along with others, eligibility for re-hire, work habits, willingness to follow the rules, etc Please note, that many employers have adopted the policy that they will only state that whether or not a person was employed with them, when they started, when they left, and what position they held when they left the company. I know first hand that additional information, such as why a person left, what their salary was, attendance, etc. have resulted in lawsuits by the former employee. Some information has been stated that courts will dismiss the case, but that is not always the case. It is always good to know what your employer's policies are regarding this subject, if and when you leave that company. You can also request, through formal written authorization filed in you employee file, that specific information not be communicated to anyone other than you and person's you identify. Typically companies will respect your request in lieu of formal action.

Answer2: Do your due diligence, this is actually a question for The Department of Labor. I know there have been lawsuits filed for former employers badmouthing prospective employees when the new company calls about them.