There are many questions that job seekers have about the hiring process, including whether a potential employer can legally contact a previous employer. While the legality may vary from state to state, there are several tactics you can take if you do not want a hiring manager to speak to a past employer.
By Timothy Mably
In the hiring process, an applicant is asked to provide contact information for their previous employer. While applications tend to ask permission for a hiring manager to contact a past employer, applicants may feel pressured to allow them. An applicant may act out of fear and think it reflects poorly to not give a hiring manager permission.
However, a job seeker might not want a potential employer to be in touch with a previous employer for a number of reasons. For instance, a person may be searching for work because they had a bad relationship with a supervisor or a workplace was toxic. Finding new work might begin to seem hopeless, as hiring managers can rely on your past work experiences to inform their decision. With this dynamic in mind, it’s worth looking into the legal limitations of the hiring process.
Legally, employers are not obligated by federal law to disclose information about past employees. They are also not obligated to withhold such information. However, state laws vary on the level of detail that an employer can divulge. Generally, previous employers are allowed to disclose dates of employment, details of work performance along with the basic responsibilities and expectations that came with a role.
Be Transparent
You can also rest assured that in the eyes of many hiring managers, it is understandable that you may not feel comfortable with them reaching out. A lot of the time, job seekers are still employed and do not want their current boss to know they are looking for new work. This should be communicated, as a hiring manager may assume the worst.
If the worst circ*mstance is true of your experience, you should be upfront and remain transparent with an employer. If you were previously terminated from a position for a fair reason, you can frame the situation honestly and explain how you have grown professionally.
It is also possible that you may not want a new employer speaking to a past one because supervisors have left. They may not be beneficial to speak with. In this case, you may be able to provide specific references through former colleagues.
A hiring manager may reach out to you directly or ask during an interview for elaboration on your experience with a previous employer before speaking with them. While you might expect your previous employer to speak extensively about you behind your back as they have nothing to lose, this isn’t always the case. A potential employer may allow you to speak about your experience before they talk to your former boss.
Reason To Relax
During a LinkedIn Learning course, CEO of Good As Gold Training, Barbara Bruno, shares advice aimed at hiring managers. Although she intends to support employers, her insight is also relevant for applicants. She says, “Candidates know the good, bad, and ugly of their former employers. They can give you information you're not going to find online or by reviewing the company's website.”
Bruno implies that a hiring manager may not rely as strongly on a previous employer’s word as you might think. She advocates that a potential new employer should prioritize your experience depending on the situation.
She continues to say, “Ask for the five things they would have changed about their job if they had been their boss. This type of information reveals challenges and issues at their past employers. Then ask what they enjoyed about their employer.” Even if a past employer speaks unfavorably about your work performance, hiring managers should be able to discern validity. You can provide fair critique of a previous employer and leverage the experience by demonstrating your qualification.
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Contact Your Former Employer First
To be prepared, you can contact your current or previous HR department to learn about the amount of information they may disclose if contacted. Just as state laws vary, employer policies will vary. You may be able to request for minimal details to be revealed to a potential employer.
Depending on how the hiring manager receives contact information, you may be able to request they speak with a specific colleague. If you can include a reference you trust for them to contact, it will reflect positively even if you don’t have anything to hide. You should inform them ahead of time that this call refers to general verification of your employment, rather than a typical reference. In this way, you will be turning a potential disadvantage into an advantage.
If this isn’t an option and this process is bound to go poorly, weigh the pros and cons of mentioning an employer on your resumé. Depending on the situation and your overall work experience, it may be worth leaving them off. While transparency should be a priority, you should also be strategic with curating your work experience.
Although potential employers can contact your former employer, you don’t have to feel anxious about the hiring process. By being transparent with a hiring manager and thoughtful with your references, past employers do not have to feel like a burden on your job search.
Top Takeaways
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