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What can I ask? California

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  • What can I ask? California

    When I'm checking a perspective employees previous employers references what can I ask and not ask and in turn when a ex-employee has a employer call me as a reference is there anything I should or should not divulge. As example I had a call from a company about a ex-employee who I had to let go after 3 warnings that he was using a company car for personal use. Should I say something when I was asked is there anything you can tell me about employee A?
    I have always just verified there length of employment and if they qualify for re-hire.
    Thanks, I did a search but could not find anything.

  • #2
    Legally, you can ask (and answer) pretty much anything that is true.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Where would I find that documented? for California


      • #4
        It's not that it's documented that you CAN, it's that there is no law that says you CAN'T.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Patty is correct though I do have this: A qualified privilege exists to communications concerning the job performance or qualifications of job applicants that are based on credible evidence and made without malice by an applicant's current or former employer at the request of the prospective employer. However, the privilege is lost if the statements are knowingly false. Qualified Privilege- Ca. civil code 47(c)
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