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A former employer can tell a potential employer anything as long as the information is factual and correct. Under federal law, there is nothing to prevent a former employer from saying whatever they care to tell about people who worked for them and left, even if under less than ideal circumstances.
In many cases, if you were fired or terminated from employment, the company can say so. They can also give a reason. For example, if someone was fired for stealing or falsifying a timesheet, the company can explain why the employee was terminated.
Any request for a copy of your reference should be directed at the recipient of the reference, not the writer. This is because data protection law contains a special exemption for the writer of a confidential work reference (although a reasonable employer may volunteer a copy, especially if it is largely factual).
Check your own references. If you have a friend who owns a business or has an office number, ask him to call your former employers. Ask your friend to contact each one of your former employers to request verification of employment dates, rehire eligibility and job performance.
Unless your business is regulated by the Financial Services Authority, generally there is no legal obligation on an employer to provide a reference for an employee or ex-employee and you are entitled to refuse to provide one.
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.
To request a copy of your reference, you will need to make a subject access request in writing to your new employer. They will then consider if any exemptions apply and if they can release the information to you.
Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.
Does an employer have to tell you why you were fired? » Does an employer have to tell you why you were fired? No, an employer generally does not need to tell an employee why he or she was fired. There is no law that requires an explanation. However, if there is an employment contract, the contract may require one.