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ATTORNEY ANSWER: Your former employer is free to say what it wants about your work performance with few restrictions. Although you might be able to pursue damages for a patently false reference that causes you to lose out on a job, doing so will not be easy.
The distinguishing feature in the Massachusetts law is that job seekers will no longer be compelled to disclose their salary or wages at their current or previous jobs which often leaves applicants with the nagging suspicion that they might have been offered more money if the earlier figure had been higher.
Many people think of them as an afterthought or are convinced that it's illegal for their previous company to say anything about employees other than to confirm their dates of service and job title. In fact, companies and individuals can say anything they want to in a reference check, as long as it's true.
Massachusetts law allows employers to confirm prior salary or allows an applicant to confirm prior salary: (a) if an applicant has voluntarily disclosed such information; or (b) after an offer of employment with compensation has been negotiated and made to the applicant.
Credit Checks: In Massachusetts, a Consumer Reporting Agency may release applicant's credit reports to employers. However, before requesting a credit report an employer must inform applicants in writing that a credit report will be requested.
Maine - E-Verify is voluntary for all employers. Maryland - E-Verify is voluntary for all employers. Massachusetts - Mandatory E-Verify for state agencies. Michigan - E-Verify is voluntary for most employers and mandatory for contractors and subcontractors of the transportation department.
No, you cannot prohibit employees from discussing either their own wages or their coworkers' wages or from disclosing wage information to any person or entity. You can only prohibit those employees whose job responsibilities give them access to other employees' compensation information from discussing wage information.
Massachusetts is the first state to prohibit potential employers from asking about applicants' salary history before making a job offer. Employees are free to share their salaries with potential employers at any time if they so choose but they cannot be compelled to do so.
It's illegal to ask for salary history in several states including California, Connecticut, Delaware, Hawaii, Massachusetts, Oregon and Vermont, which all have some form of ban for private employers.
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.