What Information Can an Ex-Employer Give Out in a Reference?

Are you dreading including your past employer as a reference? Know the answer to “What information can an ex-employer give out?” might put your mind at rest.
Allowing potential employers to contact your former employers is a critical step in the hiring process, however not always mandatory. This practice aims to establish credibility, confirming that your professional background is what you claim.
Keep reading to see that you have less to worry about than you think when it comes to what former employers can and can’t say. Plus, discover some tips to help you ensure a good reference every time.
Why Employers Ask for References
Positive testimonials also offer an endorsement of your capabilities, reducing hiring risks for the new employer. As a job seeker, it’s important that you understand what references are for. Whether you like it or not they’ll be part of your career journey.
New employers use references to get a sense of who you are, in terms of seeing proof of your qualifications, character and work ethic. A reference can confirm your claims about your skills, performance and how well you fit within a company.
That’s why it’s important to choose the right people when preparing your list of references. Pick individuals who can speak about your strengths and accomplishments, and help you appeal to recruiters as an ideal candidate.
And, yes, sometimes you might rather not include your previous employer in such a list. However, if a new employer asks for their contact details, don’t despair just yet at the thought of “What information can an ex-employer give out?”.
Why You Might Be Anxious About Providing a Reference
You might be worried about a former employer’s reference for various legitimate reasons. After all, it can impact your future opportunities and reputation, and we human relationships are often complicated. Some reasons you may be worrying include a:
1. Difficult Relationship with a Manager
If you were not getting along with your manager, you might have concerns about negative comments or biased opinions influencing their reference and overshadowing your achievements.
2. Termination or Layoff
Perhaps your previous role ended because of a termination or a layoff. Now you’re left wondering what can a former employer say about you and the circumstances of your departure. Will they say something negative or will they choose your best qualities to highlight?
3. Subpar Performance
Were you struggling to meet performance expectations in a past role? Maybe you’re worried that your ex-employer will highlight your weaknesses in a reference, and that could undermine your chances of landing a new position.
4. Hostile Work Environment
Have you experienced a hostile work environment at your former job? You might have doubts that your reference will accurately depict the challenges you faced and the efforts you made to navigate them.
5. Confidential Information
Your reference might share personal or confidential matters such as your sexual orientation or parental duties, that could make you worried about your privacy and bias during the hiring process.
6. You’re Still Currently Employed by Your Reference
You might have started your job search while still employed. If you haven’t had an open conversation with your employer about your plans, it’s not a good idea to let them find out by receiving a reference request. If they’re taken by surprise, you’d be right to worry they may not have positive things to say.
Tips to Ensure a Good Reference from Previous Employers
Worrying “What information can an ex-employer give out about me and what if it’s bad?” Dismiss those thoughts and focus on preventing future issues instead. Preserve a positive relationship with your employer whenever possible. Below are some valuable tips to help you achieve this:
- Update your achievements: Periodically share your achievements with your manager to highlight your progress. A good time to remind your manager of your worth is during your performance reviews.
- Attend company events: Not interested in making friends at work? No problem, but make sure you attend at least some company gatherings. You’ll maintain work relationships and show your ongoing interest in the company’s mission.
- Stay professional and respectful: Always maintain professionalism in all interactions at work to maintain a respected image.
- Make a professional departure: Leave your job gracefully by providing ample notice and fulfilling your responsibilities until the end.
- Be a team player: Actively offer your support during the transition period. Whether it’s sharing your knowledge or helping with a smooth handover, make an effort all the way through.
- Express gratitude: Show appreciation for the opportunities and experiences you gained during your time with the company.
- Stay in touch: Keep lines of communication open. The easiest way is to connect on professional networking platforms and share your career updates.
- Put it in your severance package: As a last resort, consider negotiating an agreed reference as part of your severance package. It would benefit both you and the employer by ensuring you have a harmonious exit.
What Information Can an Ex-Employer Give Out?
The short answer is that it’s complicated. Federal laws don’t specifically oblige nor forbid employers to disclose any information about ex-employees to prospective employers.
What Can’t a Former Employer Say About You?
However, given the laws on discrimination enforced by The U.S. Equal Employment Opportunity Commission (EEOC), employers cannot share the following details about a candidate:
- race
- color
- religion
- sex
- national origin
- age
- disability
- criminal history
- marital status
- sexual orientation
Check Your State Laws
At the state level, however, what a former employer can say about you varies as different jurisdictions have different regulations. States establish their own laws to protect both the former employee’s reputation and the employer from being sued for defamation.
An example of the above is the so-called “neutral reference law”, which prohibits employers from presenting information in a negative or biased way. States that have established some sort of neutral references law include:
To make the matter more complex former employers in certain states, like California or Colorado, are allowed to provide information only with the employee’s consent. In others, like Connecticut, employees can’t sue former employers if the information was provided in good faith.
What Can a Former Employer Say About You?
To be extra cautious, many large companies also tend to have specific policies regarding employment references. That’s why you’ll find that most employers will only share the following information about former employees in references:
- job title
- responsibilities
- dates of employment
- overall job performance
- professional conduct
- reason for leaving
If you anticipate a bad review, be one step ahead and add multiple references to your list. In this way, you’ll have more possibilities to balance out the overall impression prospective employers will form of you.
Go Further with Monster’s Help
Stop stressing about the question “what information can an ex-employer give out?” Start asking yourself what prospective employers want to see in your resume. To make it faster and easier get a free resume review. We’ll use our scanning technology and long-established experience in the recruiting industry to analyze your resume. Then we’ll send you detailed feedback to help you fill the gaps. Don’t forget to add “references available on request” at the end!