Honesty is best policy about reasons for leaving former job
Johnny C. Taylor Jr., a human-resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest HR professional society. (The questions submitted by readers and Taylor’s answers below have been edited for length and clarity.)
Question: If a potential employer calls my former employer for a reference, how much information is my former employer allowed by law to share? Can the person calling be told the reason that I left the job (retired, quit, was fired, etc.)? – Lynn
Johnny C. Taylor Jr.: Bad news first. In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won’t do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.
Because I don’t know what state you live in, I can’t confirm for you what an employer in your state can share about a former employee. To find out what your state law says, check the state labor department website.
I could be wrong, but your question sounds like you might be worried about what your former employer will say about your performance and why you left the job. The best way to avoid anxiety about what your former employer will say is for you to be upfront and truthful as you apply for other positions.
I encourage you to share with potential employers what happened at your previous position and explain any extenuating circumstances. That’s better than a potential employer hearing possibly negative information from someone at your old job without the benefit of context.
But be careful not to speak negatively about your former employer, as this is a red flag for future employers.
State law and company policies aside, the best thing is to be honest about how things went with your previous job and why you left.
Q: I have had a knee replacement and plan to have the other knee repaired later this year. I can expect both hips to be replaced also. I am 55 years old and a disabled veteran. Do I have to reveal this information to a prospective employer? – Jim
Taylor: The answer to your question, Jim, might be more complicated than you expect. Let me explain.
Job applicants are not required to tell prospective employers they plan surgery or that they have a hidden disability or medical history.
However, during the hiring process, applicants do need to be honest about their ability to perform the duties of the job they seek.
When interviewing, employers may ask candidates if they can perform the essential functions of the job, either with or without reasonable accommodation. Essential functions could include movements such as lifting, bending, standing or walking.
In this case, if your knee or hip ailments – at the time – prevent you from performing an essential job function, that might be something you should disclose to the employer. But whether you must disclose it depends upon whether you have received a conditional job offer, the likely duration of the limitations, and whether there are accommodations that could help you perform the job’s essential functions.
In short, at the application stage – and even during an interview – applicants generally do not have to disclose physical or mental disabilities or other medical information. That may come later.
Although applicants are not obligated to disclose medical information at the outset and employers are not permitted to ask medical questions before a contingent job offer is made, employers can require applicants who have received a job offer to complete a medical exam or medical questionnaire. These inquiries focus on the person’s ability to perform the essential functions of the job.
In both cases, you are expected to cooperate and be forthcoming about your ability to perform the essential functions of the job. Likewise, employers are prohibited from discriminating against you for disclosing the information and, generally, are required to discuss ways in which they might be able to help you perform your job as required.
As for your anticipated surgery, you – as a new hire – would not yet be eligible for job-protected leave under the federal Family and Medical Leave Act and many state medical leave laws. However, if your condition qualifies as a disability, you might be eligible for leave as an accommodation under the Americans with Disabilities Act or state disability or medical laws.
Even if it doesn’t rise to the level of a disability or condition under state law, you might qualify for leave under your new employer’s policies.
Finally, as a disabled veteran, you may have hiring preferences and additional protections against discrimination under federal and state law.
Once you join a company and prepare for surgery, a conversation with your HR department is in order. I wish you a speedy recovery and thank you for your military service.