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(a) Unless otherwise provided by law, an employer, or an employer's designee, who discloses information about a current or former employee to a prospective employer of the employee shall be qualifiedly immune from civil liability.
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
While reference checkers are not prohibited from contacting people not specifically named as references by the candidate, there are a couple of important points employers must keep in mind: Candidates should have given permission, generally, for reference checking to be conducted.
If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.
Generally, your references will be requested, so they don't need to be provided at the time of application, nor listed at the bottom of your resume. Employers know that your references will be available upon request and if they are interested in reaching out to them, they'll call for them.
You should never give a reference's contact information without first asking their permission and providing them with the information they need to provide a good reference (ie. The position you're applying for, the company name and who may be contacting them.)
Always ask permission before using someone as a reference during your job search. That way, they can expect to be contacted and will be prepared to discuss your qualifications for a job. You can ask someone to serve as a reference with a formal letter sent by mail or an email message.
You Have the Right to Decline a Reference Request There is never an obligation to give someone a reference. You can politely and diplomatically decline the request without offending the person who asked you. The trick is to do so without making your refusal sound like a personal criticism or a professional rejection.
Yes, if you were fired, your employer is free to say you were fired. However, if you were terminated without cause for no real reason or business reasons like downsizing, then your employer can't tell that or imply that you were fired for cause for serious misconduct, otherwise it would be defamation.