Can a former employer discuss this to a prospective employer when asked for a reference?

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eyeluvtony20

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I am leaving my current job for a reason that they are classifying as confidential, as in nobody but upper management knows my situation and none of us are allowed to discuss it to any other employees. If i let a prospective employer call them for a reference are they allowed to discuss the matter as a reason for my leaving? Or does the confidentiality rule go out the window?
 
Legally when checking a former employer for a reference, all a perspective employer can ask is if they would rehire you. And legally all the former employer can say is yes or no. Beyond that, it is defamation of character and makes them liable for a law suit. But you would have to be able to prove it.
 
Is this a job reference or a verification of employment. If they are just verifying employment, then the answer is no. If you give them a specific person to call in regards to a job reference then you've given that person permission.
 
It depends on what your confidentiality agreement says. But many employers today will only verify the dates of your employment (from-to), your position, and your approximate salary. They seldom say whether you are eligible for rehire.

If you are a white male under the age of 40, you're in a rough spot. If you're a protected minority, you should be okay.
 
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