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by rprasad 5106 days ago
IAAL.

I think it's quite amusing to see everyone saying the recommended advice is to just confirm dates and title. It is, but only if you're implying that you have nothing positive to say about the employee.

Potential employers call HR to confirm dates and titles. They call former managers/supervisors to confirm other aspects of a potential hire's work history, i.e., to confirm the potential hire's alleged accomplishments while working for your company.

There are laws in most states saying that employers cannot impair a terminated employee's post-employment job hunt. This does not mean you can't talk honestly about the employee to another potential employer if you're asked. It does mean that you can't lie about the employee in a way that harms their job prospects (legally, this includes exaggeration).

Think about it folks: if there were laws saying that you couldn't talk honestly about former employees, no one would ever ask for references, especially not corporate HR departments, because it would be illegal and they would be exposing themselves to serious civil liability. The law usually is logical, if you know what the logic behind a particular law is.

1 comments

I think it's the recommended advice just because many companies don't want to waste time or money being taken to court to prove you didn't lie (or exaggerate).

That said, I'm glad a lawyer is here to say that you're allowed to talk honestly about an employee's work history and that you're not limited to date/title/pay. That seems to be the most pervasive job-search myth I run into.