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In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.
California's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay.
What Does an Employer Ask When Calling a Previous Employer?Employment Dates. One of the most common reasons a prospective employer calls the candidate's former employer is to verify employment dates.Salary Verification.Rehire Eligibility.Performance.Purpose of References.
The Equal Employment Opportunity Act (EEOA) prohibits you from asking questions that might lead to discrimination or the appearance of discrimination. Bottom line: you cannot ask questions that in any way relate to a candidate's: Age. Race.
Illegal in Massachusetts: Asking Your Salary in a Job Interview.
Questions to applicant's race, color, or sexual orientation. complexion, color of eyes, hair or sexual orientation. information which is otherwise illegal to ask, e.g , marital status, age, residency, etc.
What Employers Want to KnowDates of employment.Educational degrees and dates.Job title.Job description.Why the employee left the job.Whether the employee was terminated for cause.Whether there were any issues with the employee regarding absenteeism or tardiness.Whether the employee is eligible for rehire.More items...?
There are no federal laws restricting what information an employer can disclose about former employees.
Employers are free to ask you about your current and past salaries under federal law.
The new law goes into effect on January 1, 2018. Assembly Bill 168 prohibits California employers from asking about an applicant's prior salary. If an applicant asks, employers are also required to provide a pay range for the job.