QUESTION

In Ohio, can a past employer give details to a perspective employer to why a former employee was let go?

Asked on May 19th, 2015 on Labor and Employment - Ohio
More details to this question:
Legally, in Ohio, what can a perspective employer ask in terms of interviewing the perspective employee and what can they ask they former employer? Can you ask why a person was fired? Can you ask the former employer why someone was fired or let go? Can you ask the same question to a perspective employee? Do you have a list of legally acceptable interview questions or questions for work references? Thanks
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1 ANSWER

Sharon Adams
Your former employer is allowed to tell the truth about why you are no longer employed.  Contrary to popular belief, there is no law that prohibits former employers from telling prospective employers why you were terminated.   Although this is true, many employers adhere to a policy of providing only "neutral" references.  They provide only the dates of employment and position held because they fear being sued for defamation. However, truth is a defense to defamation. With regard to the questions that a prospective employer may ask a candidate for employment, there are quite a few areas to avoid: age, marital status, religion, military service and others.  But yes, employers may ask you why you were terminated from your previous employment. I advise my clients to be as straight-forward as possible when explaining why they left their previous employment.  Don't blame or criticize your former employer.  Deal with the facts and move on to something more positive.  For example, if you were terminated due to tardiness, you could say, "I went through a rough patch and was late for work on several occaisions.  I let my employer down and I feel bad about it.  Now I have good, reliable transportation, I've trained myself to get up earlier in the morning, and I'm determined to never let that happen again." Good Luck!
Answered on May 19th, 2015 at 1:15 PM

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