Thread: In North Carolina, can a former employer tell a possible future employer that you

were fired and why? My husband was recently fired at his job. They had him and one of his workers smoking a pipe on a cell phone camera and suspected that it was weed when in fact it was tobacco. They offered to take a drug test to prove it but they wouldn't let them. So they fired them with technically no proof.

So now he's looking for a new job. In North Carolina, can a former employer tell a possible future employer that you were fired and what you were fired for?

Yes. That pesky 1st Amendment at work again.

A former employer can tell the truth and only the truth. A former employer can tell nothing and simply state we consider that person eligible for rehire. That's code for he is a good person and we sadly had to let him go.

Many employers will only verify hire date and separation date and nothing else. Even if you compliment an employee you can get sued because you compliments were not enthusiastic enough. You think you did a great job and your former employer thinks you did a good job and you don't get the new job because good enough is not good enough.

Legally, no. They are only allowed to verify if he worked there, and maybe his dates of hire and release.

Now, if the new employer is zelous and speeks to the right person at the former employer who is unaware of the law...

Yes, they can say whatever they want, so long as it is true.

There are a lot of myths about this, because many employers will not release such info for fear of being sued - but there's no law against it.

Richard

Yep. 100% legal. The reason for why your husband was fired is not protected information.

yes.

its called checking references.