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What Employers Can Say About Former Employees

I have a question and I am hoping to get your thoughts.  

My DH was recently laid off from a job he held for 3 years.  During that period of time he was an excellent employee, never missed a day of work and was promoted several times.

In the process of finding a new job DH asked his former boss if he could use him a reference and former boss said sure.

He was offered a job last night and new employer stated that he had called DH's former boss for a reference.  Former employer told new employer that my DH was sick and had Crohn's Disease.  DH does not have Crohn's, he has an ulcer. But did have an endoscopy in August to rule out Crohn's.

Anyway, can his previous employer disclose that information in a reference?  I mean it isn't even true?

Thoughts?... 

Re: What Employers Can Say About Former Employees

  • Eew, I don't think employers are supposed to share health issues with others anyway, unless it would totally effect the job. I have no clue about what employers can and cannot say, but that seems wrong to me...
  • No, they're not supposed to discuss that type of information - especially medical information. That would be a violation of HIPAA. Could you husband do something about it? I'm sure he could file a complaint (not sure where though), but if he got the job, I'm not sure I would mess with all that. Employers may ask anything they want for a reference check. The person/company answering the reference check is the one that could get into trouble for discussing information that may cause someone not to get hired. In my company, all we answer is dates of hire, position title, and salary (if we have a sign-off). We do not disclose why they are no longer with the company (even if they resigned), if they are rehirable (even if they are rehirable, we don't say so), or anything regarding the person's work ethic/attitude/etc.
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  • HR depts have advised me previously that you are only allowed to verify dates of employment.  As far as I know, you aren't even allowed to say if the employee was terminated or comment on their performance.
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  • This is totally not okay. I'm sorry that happened to you and your hubby. 

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