What can HR legally say about you?
Asked by: Kennedy Legros DDS | Last update: October 7, 2025Score: 4.2/5 (43 votes)
The Role of HR Departments HR departments typically adhere to company policies that outline what can and cannot be disclosed. For example, they may only confirm employment dates, job titles, and salary information, avoiding any subjective commentary on performance or behavior.
What are past employers allowed to say about you?
Employers cannot make statements that are malicious in any way. They cannot provide unsolicited information about you or your job performance. They cannot make statements about your beliefs, such as politics or religion, or make statements about your union activities.
Is it legal for HR to disclose personal information?
Generally, an employer can disclose private information only if the disclosure is required by law or if there is a legitimate business need. Take, for example, an employer who has information about the dangerous mental state of one if its employees.
Can HR disclose why you left?
Yes, a previous employer can disclose the reason why you left, but there are some important considerations: Company Policies: Many companies have policies that limit what information can be shared about former employees. They might only confirm employment dates and job titles.
Can HR talk about you to other employers?
Although HR professionals—unlike medical professionals, religious functionaries or attorneys—are not subject to any overarching legally mandated duty of confidentiality, they are required by laws regulating the workplace to ensure and maintain the confidentiality of some types of employee information.
Top 5 Reasons To Sue Your Employer
What HR information is confidential?
HR professionals are tasked with maintaining confidentiality of sensitive information, both employee-related and corporate. This includes employee data like pay levels and management information such as layoffs or business strategies.
Can a reference say you got fired?
must be fair and accurate – and can include details about your performance and if you were sacked. can be brief – such as job title, salary and when you were employed.
Can HR tell you why you weren't hired?
Know a Response Isn't Guaranteed
The truth is, most HR managers won't respond when you ask for further details about why you weren't hired. Indeed, a 2015 CareerBuilder survey of job seekers found 73 percent of candidates never learn why they aren't hired following an interview.
What questions can you legally ask a former employer?
- Employment dates: “When did the employee work here?”
- Job title and responsibilities: “What position did they hold, and what were their primary duties?”
- Performance: “How well did they perform their tasks?”
What information can HR release?
Where appropriate, and if requested, employers may give details about an employee's job responsibilities and past performance, including reviews and evaluations.
Can HR tell my boss about my medical condition?
Any of your private health information, even if it's about you being perfectly healthy and not having a disability, is still private, and your employer shouldn't be sharing it. That's a federal cause of action.
What happens when HR breaks confidentiality?
Legal Implications of a Breach of Confidentiality
When confidentiality agreements are violated, a breach of contract occurs, leading to legal action based on contract law. Regulatory violations may also occur since breaches can violate state and federal laws, such as data protection regulations.
What is a violation of privacy at work?
If your employer records you without your knowledge or consent, they have violated your rights as an employee. Not only can you take legal action against them, they can also face charges of eavesdropping under California Penal Code 632.
Can a previous employer say negative things about you?
Answer 1: For the most part, the former employer can state their opinions about you without legal repercussions. They can claim you were incompetent, lazy, difficult to work with, etc., and the law will allow them to get away with it. What they can't do is make false factual assertions about you.
Can a previous employer disclose why you were fired?
Under California Code, Labor Code – LAB § 1053, “upon special request,” former employers can make truthful statements regarding the former worker's separation of employment. They can also state whether the worker is eligible for rehire.
How to tell if a former employer is slandering you?
You can also use a reference checker to find out if a former employer is only telling the facts, or if he or she is lying or exaggerating to the point that it can be considered defamation. Before you use a reference checking service, try to find out your old company's reference policy.
Can I say no to contacting my previous employer?
Answering “no” to “may we contact this employer” without some sort of explanation can raise some red flags. This response may make them suspicious that you're wary of a poor reference, that you could be hiding something, or that you never worked at that company in the first place.
What is an employer not allowed to ask?
We recommend that you avoid asking applicants about personal characteristics that are protected by law, such as race, color, religion, sex, national origin or age.
What can a previous employer say about you?
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.
Can my job fire me and not tell me why?
Like a host of others, California is an “at-will” employment state. Under the law, employment in California can be terminated “at the will” of either you or your employer at any time. This means that you can be fired at any time, and your employer does not have to give you a reason.
Can I ask HR why I was not hired?
You can also politely ask why you didn't get the job. Asking these questions can help you learn what you can improve moving forward. Cognitive bias may make you believe your interview went perfectly while getting feedback can help you see the situation more realistically.
Can HR tell if you were fired?
The Hard Truth: Yep, It Goes on Your Record
Most companies will at least note the fact that you were terminated, even if they're light on specifics.
Can I say I quit if I was fired?
Hiring managers ask a number of questions during the recruitment and hiring process. Often, hiring managers want to know about your reasons for leaving a past position when screening applicants. If you were fired from that job, it's best to prepare in advance to answer as positively as possible.
Can a job offer be withdrawn because of references?
If a reference comes back and is considered unsatisfactory, the job offer might be withdrawn and lead to your dismissal. If you think the reference was misleading, inaccurate or discriminatory, you might be able to take legal action.
Can you sue for a bad reference?
However, if you discover that a former employer provided a negative, untruthful reference, you could pursue legal action against him or her. To prove an employer defamation case, you will need to gather sufficient evidence proving that the employer lied about you in the reference.