Legal Question in Business Law in Minnesota
If a person is currently employed by Company "A" but is looking for another job and applies for a position at Company "B", is it legal for Company "B" to call Company "A" to let them know their employee is applying for a position at Company "B"? Is there any circumstance where this would be legal?
2 Answers from Attorneys
I am not aware of any law that prohibits Company B from contacting Company A. Company B may be contacting Company A for a reference. Companies often ask applicants if it is okay to contact their current employer, but I do not believe this is required by law.
There is no law that precludes the company from transmitting that information. It is not protected or confidential. Incorrect information could subject the company to suit however.
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