Can we approach your present employer?

It’s perfectly acceptable to answer no to contacting your current employer. Most employers understand this and usually won’t have any effect on their decision. Make sure you have a backup of other references or employers they can contact. It’s usually okay to answer “no” for “can we contact your current employer.”

Is it legal for a prospective employer to contact your current employer?

The fact of the matter is most employers will not contact your current employer without discussing it with you first. In fact, the majority of job applications include a check box to specify that potential employers do not contact a current employer.

Can a employer ask an employee a question?

The employer and employee can both work to protect themselves. Employers should take extra care only to ask questions that they can justify if required, whilst employees should take extra care only to answer the questions that are asked.

What can an employer ask about an employee’s medical condition?

Things that employers can’t ask about an employee’s medical condition: An employer cannot ask a medical professional for an employee’s medical records, or information about an employee’s health, without permission from the employee.

Can you refuse to comment on an employee’s performance?

They can refuse to comment on an employee’s performance. However, if asked if the employee is eligible for rehire, they can legally say “yes” or “no” and not be at risk of being sued. This is important, because if they say “no,” then it tells the potential employer something went wrong.

How can employers and employees work to protect themselves?

The employer and employee can both work to protect themselves. Employers should take extra care only to ask questions that they can justify if required, whilst employees should take extra care only to answer the questions that are asked. It is easy to accidentally volunteer more information than necessary.

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