Texas Employment Reference Release
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FAQ
Notably, under both statutes an employer is allowed to give a truthful statement about why an employee was fired, if given either with the consent of the employee or at the request of a prospective employer.
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.
Under California law, an employer is not obligated to provide a reference for a former employee, but should it choose to do so, the employer may provide information about job performance, qualifications, and eligibility for rehire.
In particular, Texas Labor Code § 103.003 explicitly allows an employer to disclose information about a current or former employee's job performance to a prospective employer of the current or former employee on the request of the prospective employer or the employee. And A§ 103.004 makes companies immune from suit
There is no strict legal obligation for an employer to provide a reference letter of any kind. If, however, a court finds that an employer's refusal to provide a reference amounted to bad faith conduct that caused the employee harm, this may entitle the employee to aggravated or punitive damages.
If a prospective employer contacts your previous workplace, your prior employer can legally disclose anything about your employment, including your salary, job duties, vacation days taken, disciplinary action, or concerns about your job performance.
If your employment has been terminated and your employer has refused to issue a reference letter, you may wish to seek legal counsel to assist you with corresponding with your employer to highlight the legal liabilities associated with such a refusal.
Regardless of their performance, are companies or managers obligated to provide reference letters to employees? Segal No, there is no law that makes it illegal to provide an evaluation, whether it be positive, negative or somewhere in between.
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.
