Can an Employer Disclose That You Were Fired?

After getting fired, many job seekers are always concerned about what their former employer can say about them when looking for a new job. The truth is, no federal or state law prohibits your former employer from stating that you were fired; most employers just choose not to, and for valid reasons. The most common reason why your past employer may not disclose that you were fired is because of the risk of a defamation lawsuit. 

In this article, we'll answer the question: can a previous employer disclose why you were fired? In addition, we'll share a few tips to help you prepare for your next job interview even if you were fired from your last job.

Can an Employer Disclose Why You Were Fired?

Job seekers can sue their former employers for disclosing untruthful or defamatory information about them. For this reason, an employer can't lie about the reason you were fired and may not be comfortable disclosing this information in the first place.

As a result, many employers choose to stick to a standard way of confirming that a particular individual worked for them. This confirmation may be in the form of dates of employment, salary information, and any other information that wouldn't subject them to a lawsuit. 

Some employers may also provide a brief and 'legally safe' reason, such as 'the employee was not eligible for rehire.' Such a statement may not be subject to a defamation lawsuit because it doesn't explicitly tarnish the reputation or character of the former employee. In addition, when using such statements, employers don't usually provide any follow-up reasons, a strategy that helps them avoid lawsuits. 

Other employers choose not to provide any reference at all for a former employee who wasn't fired. This is because there's always the risk of being sued for inconsistency and discrimination at the workplace, even if that's not the employer's intention. The attorney representing an employee who has been fired can argue that the same employer issued a great reference for an employee who wasn't fired. 

Even if the employer was justified in firing an employee, the latter could argue that they were discriminated against due to their race, religion, gender, sexual orientation, among other factors. And, given that the employer's mode of reference is inconsistent (i.e., providing good references for some former employees and negative ones for others), the defense could file a successful defamation lawsuit against that particular employer. 

What a Former Employer Can Say

Most states don't limit what a former employer can say about you. However, your past employers can't lie about you to your future employers. For instance, if you were fired for not showing up for your shifts, your former employer can't claim that you were fired for an unrelated reason or anything else they can't prove.

What a Former Employer Cannot Say

Your past employer can't also give their personal opinion about you if they can't prove them - this could be a case of defamation. For instance, they can't say, 'In my opinion, John was the laziest employee we ever had.'

Unless they can prove John's laziness, such an employer faces the risk of a defamation lawsuit. This further explains why many employers choose to minimize the risk of such lawsuits by providing generic information, such as the date of employment and termination. 

However, some potential employers may be aware of this legal strategy. As a result, when a former employer refuses to disclose certain information about you that's considered legally permissible, a potential employer could interpret it as a bad reference. 

What Information Employers Typically Share

Every state has labor laws that protect employees' right to privacy. As a result, former employers can't reveal their current or former employees' private information unless permitted by law.

Nevertheless, an employer can still share certain information about a former employer with a prospective employer. The most important requirement in such a scenario is that the information shared between the two parties should be truthful and not personal. 

For instance, your old boss can share certain job-related details with a potential employer calling to find out more about your tenure at your former job. But, they can't reveal your marital status, race, political beliefs, or any other personal information.

For example, if you were fired for stealing from your former employer, they may disclose this information as long as they can prove it when called upon. The same applies if you failed a drug test required by the company or constantly failed to report to work on time. Such information can be easily proven through timesheets, test results, and other relevant documents. 

Your former employer can also share your salary information, job title, and responsibilities with a prospective employer. 

Blacklisting

A former employer can't reveal information about you getting fired as a way to prevent you from getting a job offer. If they do so, they may be found guilty of blacklisting. Many states in the US have laws that prohibit blacklisting.

Blacklisting is quite different from defamation. In a defamation case, the plaintiff must prove that they suffered actual harm from the defendant's actions. On the other hand, in a blacklisting lawsuit, you don't need to prove harm, such as being denied a job. 

Different states have unique laws that define certain actions that could be considered blacklisting. For instance, in Alabama, employers can't: 

• maintain a blacklist;

• notify others of a blacklisted employee; or

• use similar means to prevent an individual from getting a job.

How to Answer Questions About Being Fired

When you get fired from a job, there's always the possibility that a potential employer will want to find out why. For obvious reasons, most job seekers don't mention this in their resumes or cover letters. While it's always good to leave a job with some great references, some rogue employers may fire you for something that's not your fault. For this reason, it's always important to be prepared for this question in your next job interview. 

Be Honest

Honesty is vital when answering uncomfortable questions about being fired. The last thing you want to do is get caught up in a lie. 

Are Employers Allowed to Ask Why You Were Fired?

Yes, they can. In fact, chances are, by the time hiring managers ask why you got fired from your previous job, they probably know the answer to this question based on their communication with your former employer. 

Being honest will save you a lot of trouble and could actually work in your favor. If you were fired for something that was genuinely your fault, don't lie about it or try to shift the blame. 

For example, if you were fired for poor time management, be honest about it. Most importantly, you need to demonstrate the lessons you've learned from your previous mistakes and what you've been doing to correct them. 

A great example is signing up for a time management or personal productivity class. It shows that you've learned your lessons and are willing to be a better version of your former self. 

Be Creative With Your Reasons

Being creative with your reasons doesn't mean you're being dishonest. For instance, rather than just focusing on the fact that you were fired from your previous job, ask yourself why you got fired in the first place and if you did something wrong. 

Some employees get fired because of constantly arriving to work late. However, this doesn't necessarily mean that they're poor at time management. On the contrary, some may have problems finding daycare services for their kids or balancing between work and school.

If that's the reason you got fired (or anything along those lines), you can come up with a response that justifies your poor job performance at your previous job. Something like:

"At my former job, I had a rough time balancing between my studies and busy schedule at work. However, I have since graduated with a Bachelor's Degree in Computer Science. Now that I don't have to worry about homework and other school-related activities, I am confident that I can perform even better working with you and become a valuable member of your organization."

Pick Your References Carefully

Taking time to select your professional references carefully can save you a lot of explanations at a job interview with a potential employer. If you have one manager or supervisor with whom you shared a positive work relationship, contact them about adding them as your professional employer reference. Chances are, such an individual will always have positive things to say about you, which saves you the stress of trying to save your reputation during your first meeting with a potential employer.

If you need further help preparing for the job interview, you may want to check out these common interview questions and answers to get you started. 

The Bottom Line

Getting fired from your previous job doesn't mean you'll never get another one. As long as you're honest with your answers and can demonstrate that you won't be a burden to your potential employer if hired, it's still possible to land a lucrative job even after being fired from a previous one. That said, we wish you the very best in your next job search!