Legal Question in Employment Law in California
Privacy Issue Relating to Job References
I have a little bunch of questions. Okay...
What is the legal status of information provided on a resume? Can an employer contact any previous employer listed in a job history segment? Does there have to be an area addressing this on the application? If a resume is submitted in lieu of an application, is it assumed that all previous employers may be contacted? Can a previous employer give any indication of the results of a controlled substance test to any other prospective employer inquiring about an individual during a reference check? i.e. can previous employers tell prospectives that an individual failed/passed a drug test? or if they violated drug policy? And can a prospective employer legally base their decision on whether to offer the individual in question employment on any such info? Thanx much in advance.
1 Answer from Attorneys
Re: Privacy Issue Relating to Job References
When you list a prior employer on a job application or resume, you are giving the prospective employer permission to contact them. The prospective employer wants to know who they are hiring and have the right to conduct a background check to find out what the prior employer thought of you.
Contrary to common belief, prior employers may state anything that is factually true about ex-employees who list their names as a prior employer. They may not provide false information. Nor may they provide private medical information. However, if you were fired from a job for failing a controlled substance test, in my opinion, that information may be provided by employer you list on a job application or resume. And prospective employers may make personnel decisions based on information they receive from prior employers.
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