Employee Right - References

Generally, references regarding an employee or ex-employee are given on his/her request or on the request of prospective employers. While giving information, the employer can give only true, job-related, performance-related facts about the employee. The employer cannot comment on the employee’s personal life or habits. The employer does not have the right to mention any workers’ compensation claim that the employee might have filed in the past. (Letter protesting against derogatory reference given to a prospective employer is available on this site.)

Employee rights: Privacy laws guard the confidentiality of an employee’s personnel file, medical records, the result of lie detector and drug tests, and any convictions record.

Defamation law prohibits libel and slander; that is, giving negative, false information about the employee.

The employer cannot give out information regarding the employees’ age, sex, race, color, national origin, or disabilities.