When Asked About a Former Employee...
|
| If you disclose... | The potential legal consequences are... |
| Name, title, dates of service |
No liability if information is true and all ex-workers are treated equally. |
| The employee was fired for dangerous conduct |
Recent cases indicate there is no liability. But failure to disclose may create a liability. |
| Information related to sex, race, age, or any other classification protected by federal law |
A complaint could be filed with the Equal Employment Opportunity Commission, and a lawsuit could follow. |
| Factual reasons for termination, such as poor attendance |
Could lead to a defamation suit, especially if you add opinions or interpretation. |
| The worker complained about you to any governmental body |
Could provide grounds for a suit charging retaliation. |
| Suspicions of a medical condition |
Possible liability under federal disability law. |
