Legal Question in Employment Law in Georgia

What, by law, can a former employer comment about you to a new employer?

When you are applying for a new job and you list your previous employers,and the new prospective employer calls your previous job, what can your previous employer say about you, and what can't he say about you? I was told that all that they can say is to confirm that you did work there, the dates you worked there,and possibly your salary. Absolutely no ''bad mouthing'' or slanderous remarks! Am I correct?

Thanks for your help!


Asked on 1/31/06, 1:57 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: What, by law, can a former employer comment about you to a new employer?

A former employer (or present one, for that matter), can provide just about all the details they want. Many companies have an internal policy that they will only provide dates worked, etc., but it is just that... their own internal policy. They generally have the same First Amendment rights as you do when you would talk about them. There may be restrictions on such things as personal medical records, and they can't slander or defame you with false statements, but if they want to tell a prospective employer how bad of a job someone did, they are generally free to do it.

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Answered on 1/31/06, 2:09 pm


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