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There are no Federal Laws restricting what information an employer can disclose about former employees. If you were fired or terminated from employment, the company can say so. They can also give a reason. For example, if someone was fired for stealing or falsifying a time sheet, they can explain why the employee was terminated.

That said, because of laws regarding defamation (which is slander or libel) companies are usually careful about what information they provide to hiring managers confirming employment or checking references. What they say has to be the truth or the company can be subject to a lawsuit from the former employee. Legally, they can say anything that is factual and accurate.

Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.

State labor laws vary, so check your state labor department website for information on state labor laws that limit what employers can disclose about former employees.

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Q: Can future potential employers find out that you were fired in California?
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If you get fired does it stay on records?

The company that fired you will have the information. After a few years, they store your employment record on computer disk or destroy it. The only other people who will know you were fired are future employers (who check your previous jobs) or people you tell.


Is it legal for my former employer to tell employers not to hire me?

Legally, they can say anything that is factual and accurate. They may tell a potential employer if you were "re-hireable." That said, there's a lot of businesses out there that don't know nor care about that, so they tend to say whatever they want to potential employers looking for references. No law prohibits a former employer from honestly reporting the fact you were fired. There is no possibility of a defamation suit for reporting a fact honestly. Whether you DESERVED to be fired is not an issue in a defamation charge, only whether you WERE fired. You were fired? I am free to tell everyone without liability.


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Almost all employers will require a reference from your last 2 or 3 employers, so if you were to be fired it would cetainly be a problem getting a good reference.


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