What is the extent of questions allowed by law, from a potential hiring employer to a former employer about a new employee?
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What is the extent of questions allowed by law, from a potential hiring employer to a former employer about a new employee?
Aside from verifying that they actually worked when they claimed, what more are they allowed to ask? Can they asked why someone was fired? How do you protect against slander?
Asked on February 22, 2017 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Aside from factually true statements, a former employer may give their opinion as to an ex-employee's work ethic, honesty, etc. What they may not do is to give their opinion and present it as fact. Also, clearly false statements would also be actionable. Here is a link to an article that will explain further:
https://employment-law.freeadvice.com/employment-law/hiring/employer_references.htm
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