Interview question

Interview question

How should you answer the question "can we contact your former employer?" is you left a job on bad terms.

Why women love us:

  • Daily articles on career topics
  • Jobs at companies dedicated to hiring more women
  • Advice and support from an authentic community
  • Events that help you level up in your career
  • Free membership, always

Share your insight

Join an authentic community that helps women support each other at work. Share your professional experience or ask for advice — you can even post anonymously.

32 Comments

Join the conversation
  1. Anonymous

    They most likely will ask if the OP is rehireable.

  2. Anonymous

    I would hope not. I worked for a company that would mark someone not eligible for rehire if they accepted a severance package. Regardless of they were let go due no fault of their own e.g. restructuring or fault e.g performance related

  3. Anonymous

    Places like this are exactly why I got an email from HR specifically stating I'm eligible for rehire from the place that laid me off in 2020.

  4. Mary Cole

    They can still ask if this person is eligible for re-hire.

  5. Joan Williams, Senior Talent Acquisition Specialist

    Is this on an application or background check form? If so, just check no.

  6. Anonymous

    I only say yes if they are being used as a reference. I did a residency in 2008, and I still use that supervisor and company (a hospital) as a reference, and I always say no to the rest. Former employers may or may not even remember you specifically if you have been gone for more than a year. If you've been gone more than two years, your former boss(es) may no longer be there. I can't even remember some of their names, so I doubt they remember mine. They can contact HR to verify employment information even if you say no.

  7. Ronda Erickson

    I usually say No. they will ask you to verify employment another way. Paystubs or W2. Its never made a difference.

  8. Anonymous

    I'd always say yes. Most likely, they are fishing for a response of some negative kind but if they do call the employer, the employer will likely give dates of employment, role, salary, and "if you are eligible for rehire". Most will not talk ill of former employees for fear of legal trouble. I'd take a chance on it.

  9. Anonymous

    It is not universally true that “legally they cannot.” It is true that many companies choose not to offer references (while still requiring that they be provided by candidates) beyond these basics for fear of legal consequences. But a blanket statement that “they can’t” is just not accurate, especially in a multi-state and international group like this one.

  10. Anonymous

    That depends on your definition of “bad terms.” If you have nothing to hide and it was simply a difference of opinion, work style, etc., then be forthright.

    If it was due to an emotionally fueled misstep, then you have a little more to consider, but realize that your demeanor when asked is an indicator they will queue into.

  11. Anonymous

    I say "yes" regardless because they are usually just looking for your response plus if they do need to verify, they will usually simply call or email HR just to confirm that you were a former employee. I have never seen someone dig for more information outside of confirmation unless it was a reference check.

  12. Kathryn

    Just say yes. They contact HR who verifies you worked there and that is it.

  13. Anonymous

    Usually bosses are really tight with HR and they will just find out anyway

  14. Audrey Kirsch

    All they are supposed to say is if you worked there and when. They're not supposed to give an opinion about you or your performance so I'd say yes. However, if you don't want the ex-employer to know where you are looking for a new job, say I'd rather you didn't and explain why.

  15. Anonymous

    If you answered why are you looking to leave your prior employer for this opportunity in a good light then say yes. Legally they can only confirm, position, length at company and last day worked. Understand the apprehension as smaller companies may lack knowing legally that's all they can share. Now, 'can we contact'? It goes back to what I first mentioned. Say yes. This prospective employer may or may not reach out to them.

  16. Katherine Metres Akbar, Interview Coach & Resume Expert

    "Legally that's all they can share"? I don't think that's a thing. Many lawyers recommend not saying more out of an abundance of caution, if that's what you mean. The law just says that you cannot defame someone, which would require false statements.

  17. Evelyn Livant

    Thank you for this discussion. I learned about this while researching this. Yes, that is definitely a thing. Former employers of mine have followed that policy and many companies follow that policy. However, it's company policy and not Federal Law. I've included references for articles on the subject. Most companies in Massachusetts & Rhode Island only confirm dates of work and position. I would look up labor law in your state.

    I once left a role on poor terms, but I knew it was going badly in advance and managed to secure the personal reference of a manager I worked with. I used him instead of my direct supervrsor.

    However, if you're worried, have a friend call the company pretending to be an employer and ask about your references.

    https://harver.com/blog/the-legal-issues-of-reference-checking/

    https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html

  18. Anonymous

    Yes, look into this. It's very minimal what they can share. It is NOT an opinion based response they can give as they cannot inhibit them from getting hired.

  19. Anonymous

    Oh I know sometimes they say way more. I have actually overheard a boss say way too much.

  20. Sylvia Verrecchia

    You choose which former employer they can contact. It doesn't have to be from the "bad job". We all have jobs where we leave on bad terms - few miss this in life. Is there someone from that workplace that can speak to the work you did - a colleague? When you're asked this question, answer with "Certainly, I'm happy to provide you the contact details if I'm considered for the role".

  21. Anonymous

    Contrary to what others are saying, there are no Federal rules dictating what a former employer can say or do. They can say anything as long as it doesn't disclose a protected status. Larger companies generally don't disclose much, but smaller businesses often do. Here is a really good article from Monster on the topic, it might help a lot: https://www.monster.com/career-advice/article/what-can-employers-legally-say. Generally, though, businesses don't want to get sued so they keep it simple. Personally, I choose which employer they can talk to.

  22. Anonymous

    There are often state laws that dictate what they can and can't say, when there aren't federal laws that do so. In my case I actually have a legal document that my former employer signed that says they can get in big legal trouble if they tell them anything other than 3 things, which are: date of hire, last day I worked there, and that I worked there; anything else and I can sue them or they have to pay me a specific amount for violating the legal agreement that was worked out between myself and my former employer with the help of the EEOC for wrongful termination due to being disabled.

    Also, under the laws in my state they legally aren't allowed to tell them anything other than yes or no that someone worked there previously, and the first and last day that they worked there if they did work there.

  23. Alice Stoker

    That link isn't valid..... It gives me a 404 error.

  24. KellyW43

    I've answered the question with a no. I told them I didn't want my job to know I was looking for another one.

    They asked for a check stub as proof of working there.

    I still got the job. I don't know if what they did is legal, but it worked out for me.

  25. Anonymous

    “that is not allowed anymore.”

    this is another thing that varies a lot by state and country. It is increasingly less common but it is certainly still “allowed” in many places.

  26. Joan Williams, Senior Talent Acquisition Specialist

    Candidates are free to use a pay stub as proof of employment - just white out the confidential information such as compensation and SSN.

  27. Joan Williams, Senior Talent Acquisition Specialist

    Depending on where you live, that is not true.

  28. Anonymous

    You all are living in the grey with your 'answers' defamation cases grow from these issues, and that is where it lies in the illegal. If you're looking a law called 'Don't complain about your prior employee to a prospective new employer' law, then you're correct other than that it is lives in the area of setting them up for a law suit. A broader view of this would help many for understanding. Companies putting themselves in a possible law suit is always a place to avoid.

  29. Joan Williams, Senior Talent Acquisition Specialist

    And it appears that you are living in the area where employers do not ask or answer illegal or inappropriate questions.

    Depending on where the candidate lives, it may not be illegal to ask and or answer those questions. Just like depending on where they live, it may or may not be illegal to ask what they're currently making.

    I don't think you're doing anyone a favor by not telling them that these questions could be asked of their potential future employer.

  30. Anonymous

    I don't think anyone said it was illegal to ask. The poster asked, keep that in mind. Definitely should be handled by professionals for guidance.

  31. Joan Williams, Senior Talent Acquisition Specialist

    You are correct - the poster I responded to said "Your former employer cannot disclose anything other than start/end dates."

    They can disclose information other than start/end dates. And do.

  32. The Williams Wedding

    If it's an employer I currently work for, I would say No and explain the risk of them finding out you are leaving esp.
    if a written offer, etc. hasn't been received by the potential company. Anything (out of your control) can happen that may cause the new company to take a different route or get rid of the position altogether -- even if a written offer was received/signed. Most recruiters would understand you not wanting to risk your job if things don't pan out with the new one.

    If it's a company you no longer work for, I would say Yes without hesitation (even if you left on bad terms). It looks like you have nothing to hide and the majority of times, they won't even bother reaching out because it is a hassle. I honestly don't know one person who has gone for a new job and had the new company reach out to the former company. Now, they may ask for recommendations. I think they are just looking to see what you will say and if there is cause for pause, they may reach out to HR.

Fairygodboss VIP
Achieve your career goals.
Be part of the largest online career community for women to find jobs, advice, and support — for free.
Fairygodboss members