Former Employees and Your Right to Disclose

By: Joseph Rust Have you ever had to fire or let an employee go for serious misconduct? Or maybe the former employee was let go for less serious reasons – often late or there has been a drop in their work production? A common question we often see from managers and business owners is, “What am I allowed to say about the former employee?” Of course, this is most often in the context of your former employee seeking a job at another company and they reach out for a reference or proof of employment. However, just as often we see those same disgruntled former employees asking, “How much bad-mouthing is my old boss allowed to get away with?” Often job seekers believe the only people a company may contact are their references. However, employers have every right to contact any former employer regardless if they are or are not listed as a reference. And if you are contacted and asked about an employee you let go, you may share more than simply the…

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