Reply #16: Most of the posters here are wrong. LEGALLY, they can give any information they want. [View All]

[Xithras]

Civilly, however, you can sue them if they give out information that is defamatory or which causes you harm. The only exceptions, of course, are legally protected items like your social security number, medical conditions they be aware of, etc.

Many employees today erroneously believe that employers are prohibited from discussing employees. They also erroneously believe that it's illegal to discuss your job performance or reasons for termination with potential new employers calling for a reference check. Neither is actually true. An employer can discuss anything he/she wants on the phone.

Your only recourse is to sue them for damages if they do so. To win, you would merely need to prove that the employers statements were A) Untrue, and B) Defamatory or harmful to your reputation. You may also be able to sue your employer if they give out information (like your home address) that is later used by someone to commit a crime against you.

So yes, if your boss fires you for xeroxing your buttocks on the company copier, he CAN reveal that information to potential new employers...as long as he has security camera footage or witness affidavits to verify the claim if you decide to sue. If the claim was true, you cannot collect damages even if the revalation was harmful to your reputation.

The reality, of course, is that only a terminally stupid employer would do this. While employers may win 8 out of 10 suits of this type, the court costs involved in defending yourself against a constant barrage of them would be outrageous. That's why most employers and HR departments have policies that simply ban the release of any information other than hire/fire dates. It's not law, it's simply common policy.