What Can a Former Employer Say About You?

Pasadena, United States – May 27, 2026 / D.Law /

When navigating the interview process for a new position, workers often worry about what their past employers will say about them and how this may impact their job search. Understanding what former employers can legally say about workers can put their minds at ease. It can also help them realize when they may have a legal claim against a past employer for defamation.

D.Law’s employment attorneys in Pasadena represent workers facing rights violations. The law firm explains what former employers can and cannot say about their former employees.

What Can Former Employers Say About You?

Contacting past employers is one way hiring managers learn more about job candidates and their experience, skills, and work ethic. Generally, a past employer is legally allowed to share any of the following information about a previous employee:

Employment verification: Verifying that the employee worked for them, along with the start and end dates of their employment
Role and job duties: What tasks the employee was responsible for and the types of job duties they performed
Reason for termination or exit: Why the employee was fired or let go, or why they stated that they left the job voluntarily
Final salary: How much money the employee was making when they left the company
Work ethic: The employer’s opinion of the employee’s work ethic and job performance, and whether or not they would recommend them for the new position

This information is generally not considered private in California and is often a standard part of reference checks, though exceptions may apply. D.Law explains that employers need to be careful to only make truthful statements about past employees to avoid violating defamation laws.

Information a Past Employer in Pasadena Cannot Legally Disclose About Previous Workers

Employers can generally share their opinions about past workers and other relevant information that a future employer may need to know. The main exception to what former employers can say about workers is information that is false or intentionally malicious. These types of details would be subject to defamation laws.

For example, a Pasadena employer cannot:

Provide a false reason for why a worker was laid off from a previous position, citing performance issues rather than budget cuts
Create fake negative performance reviews to send to the new employer
Accuse a worker of violating company policies when they did not
Spread malicious gossip about the employee’s personal life or professional abilities
Speculate about the employee’s immigration status or legal work status

Any instances of libel or slander against the employee could give rise to defamation claims. The worker may be able to pursue damages for lost wages, damage to their professional reputation, reduced earning capacity, and other consequences of the defamation.

About D.Law

D.Law represents Pasadena, CA, workers across a range of employment claims, covering discrimination, harassment, retaliation, wrongful termination, and more. The law firm offers free consultations for those who believe they may have a case. Parties interested in learning more about what former employers can say about them or who need legal representation can contact the firm at 818-275-5799.