Can a prospective employer ask if I have been fired.?

Question

Can a prospective employer call my previous places of employment and ask if I i was fired? What can they ask by law? Thanks!

Answer 1

They have 2 questions that they can ask a previos employer:

Dates of employment and if eligible for re-hire.

Although, there are those that try to cross the line, on either side. I think if it's something your really worried about, you might need to spill it before, at least that way you can soften the blow. Make it seem like it was voluntary dismissal due to conflicts.. Some BS like that. I've worked in HR and payroll.  

Answer 2

They can ask you if you have ever been fired or let go from another job - perfectly legal. However than can not contact anyone, or any past employer about your work history w/o your consent.  But usually you give that consent when you fill out an application.  You need to read that long part on the application usually under the section called "Conditions Of Employment" that talks about them obtaining information regarding the information you provided on your application and that your release them legal recourse on your part as well as releasing your past employer from any legal recourse on your part should they provide that information. And goes on to say if you knowingly given false information they can terminate your employment or not consider your for employment at all. This lovely paragraph is usually right above where you sign the application. So if you listed a past employer and signed the application they legally can contact them for a reference.  If your concerned about bad reference, bring recommendation letters or a reference list when you interview - most of the time if you have recommendation letters from past employers they will use that as a job reference.

HR Manager

Answer 3

The prospective employer can ask anything they want during a reference check.  Actually, they SHOULD ask a lot because if they hire you and you then commit a violent crime at work and had a history of that, and they should have known, then they can be held liable (for example).  But it is the previous employer who will (or should) only answer with your title and dates of employment.  They might also answer whether or not they would rehire you.  If they say why you were dismissed, it opens them up to a possible lawsuit.  But if they talk, you'll lose out on the new job so you're probably better off being upfront with the prospective employer.  And if you leave that job off your resume, the prospective employer will uncover it anyway.  

So mind your "P's and Q's" from now on at work!

Answer 4

You have no idea what they can ask.  Forget the laws.  Usually HR people work together.  Say if they go out to dinner together or see someone at a restaurant everything they say will be off the record.  A lot more goes on in those conversations that they will ever admit.  Especially if it's in the same city, most employers know who the HR managers are and lie through their teeth if they don't like someone.

Answer 5

They can ask you during the interview process and they can also do a background check. Smaller businesses might be more willing to comment on this than a larger business, who might just tell what dates you were employed.

Answer 6

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