What Former Employers Should NOT Be Allowed to Say

Career Advice / October 30, 2023
Table of Contents
  1. What information can an ex-employer give out?
  2. Tips to ensure a good reference from previous employers?

Have you ever wondered what your former employer can say to your potential new employer when they do a background or reference check on you? 

First things first, if you are still currently employed, your potential new employer can’t contact them without your consent, which is usually a check box on the application. 

What information can an ex-employer give out? 

It’s not a black-and-white answer. There are no federal laws that specifically state what employers can or cannot say about a former employee, however, each state can create its own laws for what employers are allowed to disclose

The typical things employers CAN disclose include:

  • Job title 
  • Responsibilities 
  • Dates of employment
  • Overall job performance 
  • Professional conduct
  • Reason for leaving 

However, given the laws on discrimination enforced by The U.S. Equal Employment Opportunity Commission (EEOC), employers can’t share the following:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Age
  • Disability
  • Criminal history
  • Marital status
  • Sexual orientation

Tips to ensure a good reference from previous employers

It may not seem like a concern right now if you aren’t thinking about changing jobs, but remember that everything you do and say while at work can end up being used to help you get a new job or hurt you. Here are some tips to create a great relationship at work:

  • Keep track of your achievements and awards: You can use this not only on your resume but during your performance reviews to build a case for a salary increase or promotion. 
  • Attend company events: Even if you don’t want to make friends with your coworkers, and don’t really want to spend your personal time at work, it’s good to attend events every once in a while. They’ll show your interest in work and also give others a chance to get to know you a bit more personally and not just through your job responsibilities. 
  • Stay professional and respectful: Remember to address everyone professionally, even if you are frustrated with them or the situation. Never gossip at work, and always try to use empathy when talking with others. 
  • Leave professionally: No matter how frustrated you are, or how disrespected you were, never burn bridges when leaving a job. The hospitality industry is small in terms of running into former colleagues often, and you never know when a previous boss or coworker will become a coworker or boss at a new employer. 
  • Be a team player: It’s okay to set boundaries and say no when you have to, but offer support and help as often as you can to make your team and organization successful. This goes a long way in hospitality. 
  • Put it in your severance package: If you are given a severance package (in the event of a layoff) you can ask for an agreed reference as part of your severance package, and include what they can or cannot say on a high level.