What Is My Previous Employer Allowed to Say in Tennessee?

Reference Immunity

Tennessee Code 50-1-105 provides employer’s protection from claims of defamation of character when giving work references. As long as an employer discloses a fair and truthful reference to job performance, the former employer is not responsible for the consequences of his disclosure concerning a former employee. For example, if a hiring employer asks a former employer if he would hire a job candidate again, if the former employer answers no and provides honest reasons supporting his response, the job candidate cannot hold the former employer liable if she fails to secure the new job. However, if a job applicant believes her former employer intentionally provided a damaging reference, which caused the loss of a job opportunity, the job applicant has the right to pursue legal recourse.

The liability of proof for damaging work references falls on Tennessee job candidates. A job applicant must prove that her former employer provided a false, deliberately misleading or malicious statement in bad faith. Beyond making these claims, a job candidate must provide evidence to support them. An email conversation between a job candidate and her previous employer, documents in her work file or a former coworker who can serve as witness to disprove a previous employer’s damaging work reference can serve as evidence.

An article titled “What can former employers legally say about me” on Monster suggests that job applicants who discover that a former employee gave a false job reference or disclosed information with malicious intent hire an experienced employment attorney to file a complaint. Job candidates who are unable to hire an attorney can file a complaint with a local Employment Equal Opportunity Office.

While a former employer can say anything truthful about a former employee’s work performance, most employers confirm only work dates, final salary and other limited information, according to the Privacy Rights Clearinghouse. The fear of defamation lawsuits from disgruntled former employees has caused many employers to adopt this policy. On the other hand, this limited reference policy can risk a good employee’s chances of securing another job because some prospective employers view a limited reference as a red flag for job candidates, according to Monster.