Is it legal for a former employer to tell your current they suspected you of stealing after giving a good reference upon hire?

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I’ve always heard employers CANNOT give any info other than Yes/No for rehire. It has come to my attention that an employer I had committed a crime against contacted a former one who had given a good reference before I was hired, then he called again months later and said they informed him they suspected I was stealing, which I had never done before. I haven’t found anything online regarding the law on this specifically, but I am over my head with this…what is legal, and what is not regarding this issue?

A: Former employers can give any information about you they want about your work performance, as long as it is true and not covered by privacy laws. To avoid possible legal troubles with former employees, though, many employers adopt a policy of giving only neutral information.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N Arboleda #201
Mesa, AZ 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by – Arizona Employment Lawyer
Re-posted from AVVO Legal Questions & Answers.

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