Human Resource Blog

Reason Behind Termination

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Termination
Employee Warning Notice Employee Final Warning Notice Employee Resignation Form Exit Interview Questionnaire Separation Checklist

In Connecticut can an previous employer legally disclose the reason behind termination of an employee to a company checking employment history of a possible new hire?

Yes, an employer could legally give out this information. This is a matter of company policy, not law.

References are a hot topic in the HR world, because most interviewers can’t hire a worker without two or three references from previous employers. And, most employers prefer not to give references.

When an interviewer is checking references, he or she doesn’t need to know all the details, in order to rule out a certain applicant.

There is no federal or Connecticut law that prohibits an employer from giving full information on why an employee was fired, to interviewers who are calling to check the employee’s references.

Many employers choose not to give any negative information, because in some cases, employees filed lawsuits against employers who gave negative references. The employees successfully argued that the information damaged their careers and earning potential.

For this reason, many, many employers have the policy of only giving neutral references. Usually, this means they will confirm the employment dates and salary, but not provide details on performance or termination.

Some interviewers will try to circumvent this policy by asking “Is this employee eligible for rehire by your company?” A “no” answer tells the interviewer that something is wrong, and normally the interviewer will not hire the individual.

Sometimes even when an employer won’t provide details, they will answer a “yes or no” question like, “Do you have any reason to believe that this employee is dishonest?” or “As far as you know, has this employee ever shown violent behavior?”

Many employers routinely violate the “neutral references only” rule by giving glowing references to good employees.

Instead of giving a negative reference, some employers will even reply, “On the advice of our attorney, I cannot answer that question.” This is a red flag to most interviewers that there is a big problem somewhere.  

On the other hand, some courts have upheld an employer’s right, and even obligation, to warn an interviewer when an employee has a history of violence, or of illegal conduct.

On the other hand, many employers have the policy of giving neutral or positive references unless an employee was discharged for gross misconduct like bomb threats or embezzling. The thought process here is that everyone makes mistakes at some point in their life, and it’s not wise to destroy someone’s career over an attendance problem or other minor issue.

If you are an employee, one way to find out a previous employer’s policy on references is to call the employer and ask. Before you list someone as a reference, it’s always a good idea to ask their permission. People who hedge may not be your best bet.

Another tactic is to have a friend call the former employer and check a reference for you.

If you are afraid that a former employer will give negative information, one strategy is to volunteer the information in the interview, and make it clear that you have learned your lesson. “I had a few problems with attendance when I was at XYZ Company, but I’ve learned from my mistakes, and I’ll never do that again.” It’s always better for an interviewer to hear negative information from the job applicant first.