If you’re job hunting or thinking about a career move, you may wonder what your former employer is allowed to say about you during a reference or background check. Could they share negative feedback? Will they mention why you left? And what about legal limitations?

Understanding what employers can and can’t disclose is key to protecting your professional reputation—and making sure your references work in your favor.

Can Your Current Employer Be Contacted Without Your Permission?

No. If you’re still employed, a prospective employer cannot legally contact your current employer without your consent. Most job applications will include a checkbox asking whether it’s okay to contact your current employer. You have the right to say no, and it won’t necessarily hurt your candidacy—especially if you’re applying confidentially.

What Can a Former Employer Legally Say About You?

There is no federal law that limits what a former employer can say about you—as long as the information is truthful and not discriminatory. However, most companies follow internal policies or state-specific guidelines that limit what they disclose to avoid defamation or privacy claims.

Here are the most common and lawful disclosures an employer can make:

• Job title
• Dates of employment
• Job responsibilities
• Salary (in some cases, if permitted by state law)
• Reason for leaving (e.g., resignation, layoff, termination)
• Eligibility for rehire
• General job performance and professional behavior (if factual)

*According to the Society for Human Resource Management (SHRM), many employers opt to confirm only basic employment details to avoid potential legal risks. [Source: SHRM, 2024]

What Employers Cannot Disclose

Employers must avoid sharing any information that could lead to discrimination or bias, per laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and other civil rights protections. This includes:

• Race or ethnicity
• Religion
• Gender identity or sex
• Sexual orientation
• Age
• Disability status
• National origin
• Marital status
• Pregnancy status
• Medical history
• Genetic information
• Political affiliation
• Arrest records or criminal history (in certain states, per “ban-the-box” laws)

Employers also cannot defame or misrepresent your work history or character. If a former employer shares false or malicious information that costs you a job, you may have grounds for a defamation claim.

How to Help Ensure a Positive Reference

Even if you’re not planning to change jobs now, your professional reputation is always being built. Here are some proactive ways to ensure your references are an asset:

1. Track Your Accomplishments

Keep a running log of your achievements, performance reviews, and awards. Use these in future interviews, resume updates, and to demonstrate your impact to potential references.

2. Build Workplace Relationships

You don’t have to be best friends with coworkers, but attending occasional team events and engaging respectfully goes a long way. Positive peer relationships often translate into stronger, more personal references.

3. Always Act Professionally

Maintain a calm, respectful tone—especially during conflicts or stressful times. Avoid gossip, and aim to be someone others enjoy working with. Your professionalism will stick in people’s memories.

4. Leave on Good Terms

No matter how frustrating your departure may be, always leave with grace. Give appropriate notice, document your work, and thank your managers and team. The hospitality industry is especially interconnected—burned bridges can follow you.

5. Be a Team Player

Offer support when you can. While setting boundaries is important, being reliable and collaborative makes you someone others will want to recommend.

6. Negotiate a Reference in Your Exit Package

If you’re laid off or parting on mutual terms, consider asking for a reference letter or agreement on how your departure will be described. You can also include this in your severance agreement—a practice that’s becoming more common in 2025.

Final Thoughts

While former employers do have some discretion in what they share, most stick to the facts and avoid anything subjective or potentially discriminatory. Still, how you carry yourself in your current and past roles directly impacts your future job opportunities.

Treat every job as part of your long-term career story—and make sure it’s one your references will be proud to tell.

Additional Resources

• EEOC: Employment Discrimination Laws
• SHRM: What Can Employers Say About Former Employees?
• National Conference of State Legislatures: Ban-the-Box Laws by State