Legal Question in Employment Law in New Jersey

If a former employer won't release any information without my written consent first for a job reference, is that common? If given consent, are they then permitted to say anything negative, like about one written warning? btw- I was laid off, not fired.


Asked on 3/27/10, 7:04 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

It is increasingly common for former employers to refuse to release information without the consent of the former employee. Once you give consent - and even if you don't, depending on the former employer's policy - the former employer can answer questions about your work history and performance as long as the answers are truthful or are based on reasonable belief. In other words, if the reference checker asks about discipline you received (a written warning is discipline) your former employer can answer the question.

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Answered on 4/01/10, 8:30 am


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