Legal Question in Employment Law in California

Re: Employment - Reference check for former employees

This response assumes you are a California employer. Your question seems to indicate that you do not have a business attorney. If you own a business, you must know (and your question indicates it) that there are a lot of "mine fields" out there for the business owner; these fields are chuck full of opportunities to suffer severe damages, both for your business and, possibly, for you personally. An on-going working relationship with an experienced business/employment attorney will enable you to chart a course of business conduct that will reduce your risks of suffering an unknowing business loss, such as the type of loss your question implies. What you may "legally disclose" to a potential employer about a former employee may prove to be too much, however. Therefore, to minimize your liability and maximize your ability to sleep at night, you should consult with a local business/employment attorney for prompt, specific legal advice that will probably address your question and much more.

Re: Employment - Reference check for former employees

to answer your question directly, you are legally allowed to give out any information that is true and does not present a false picture of the employee. However, to avoid expensive litigation most lawyers advise their client. to either not give out any information or to just give objective facts like dates of employment, position, etc.