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It depends on the employer's policies. At a minimum, nothing. Usually, dates of employment, position held and title. I've had some of them also provide the reason for discharge.
The company that I work for actually has in their employee handbook that the only information they give out if contacted for a reference is the dates of employment. However, it really depends on the employer.
The US Supreme Court said an employer is legally allowed to provide any and all information so long as its truthful and the disclosure is applied evenly. Unless a state passes some local law limiting the information provided, the feds could care less. The Court stated that a defense against defamation is truth.
There use to be a cottage industry of attorneys that would sue employers over disclosure issues in hopes that the employer will settle instead of going through a lengthy lawsuit. It worked for awhile. But, in response to this extortion, many states have passed employer protection laws that shield employers from these extortion threats. As a result, the number of claims over employer disclosures are very small and the number of attorneys willing to take these cases have all but dried up. You'll still hear people make the claim you can sue but in reality, nobody has posted in years of being successful (some have posted in the last year or so of having problems just finding an attorney to even look at the case).
There are a few states that have passed laws to limit what can be provided but they have left open many loopholes. What can and will your employer provide? Most companies have made the decision that you are no longer an employer contributing to their bottom line so why are they going to go out of their way to waste time telling your new employer what type of employee you are. So, they limit it to the simplest items and just don;t have to deal with it at all.
Now, one side effect of that once fear of a lawsuit is employers have decided that they will extend the limiting of information to good information as well. That's why you are finding companies who won't give or allow for positive references even though you were an outstanding employee. The old employer figured if these whinny ex-employees don't want the bad, why give the good? So, you'll read from time to time on this forum about those who complain like a small child who can't have the animal crackers that their employer refuses to give them a reference and as a result, the new employer thinks they wee a bad employee.
Despite what some will say there are no laws against an employer giving out detailed info on a former employee besides dates of employment, as long as it is true.
Some will claim that their employer only gives dates for fear of a lawsuit. It may be for that company, but hardly all companies.
Not only that, but there are also subtle ways a company can categorize a former employer. Chief among this is whether the ex employee is eligible for rehire. Simple.
Bottom line is, you reap what you sow. If you left each job on good terms, you have nothing to fear. If you were let go due to layoffs or the like, that's part of life.
However, if you were fired due to bad performance of your own doing or conflicts/character issues due to your inability or unwillingness to flow the program, deal with it. Go ahead and threaten them with lawsuits for unfavorable reference and see them laugh at your efforts.
I was just laid off and I asked this very question to my HR person! She said, legally they can only provide my job title and the dates I was employed.
Your HR person is wrong, as has been discussed many times. It may be a violation of company policy to provide anything other than title and dates of employment, but it is certainly not against the law to do so.
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