If a former employee uses me as a reference, what am I allowed to say?

Legally, you have the right to share any information about a former employee that is true and not protected by confidentiality (for example, you cannot share an employee’s medical information.) If you say anything that the employer can contest, however, you may be open to a defamation suit.

Most employers limit their liability by refusing to comment on a previous employer’s performance. Instead, they only share his or her compensation and dates of beginning and ending employment. If you have any questions about job references and the complex legal issues surrounding them, contact Des Moines business attorneys LaMarca & Landry, P.C. at 877-327-2600.

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