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Under Tennessee law, employers that provide truthful, fair, and unbiased information about job performance in response to a request from a current or former employee or a prospective new employer are presumed to be acting in good faith (Tenn. Code § 50-1-105).
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.
There are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation. And with good reason.
Getting a reference from your old employerYour employer doesn't usually have to give you a reference unless: your contract says they will.
Yes, an employer can refuse to give you a reference. Employers are not obliged to give their current and former employees.
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.
If you're having trouble getting a reference, you can ask the employer who needs the reference if they'll accept: a reference from someone else, for example a manager or colleague. a reference from a different employer.
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.
Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.