What Can Employers Ask Previous Employers? Reference Check Explained

When you’re job hunting, one step that often comes up is the reference check. A potential employer might reach out to your past workplaces to learn more about you—which might leave you wondering: What exactly can HR ask my previous employers? What’s fair game to share, and what’s off-limits?

The answer involves both legal and ethical boundaries. Employers do have some freedom in what they can ask during reference checks, but there are limits to what can be disclosed.

In this article, HR and legal experts break down what employers can ask former employers, what details HR can share, and what you should expect from the process.

What a reference check is
Reference checks are a normal part of hiring. Employers verify details about a candidate by contacting their past employers, managers, or coworkers. They’ll reach out to the references you’ve provided to confirm things like:

  • Your employment history
  • Job performance
  • Work habits
  • Whether you’re a good fit for the role

What questions can be asked of a former employer?
So, what do they ask in a reference check? Here are some common questions:

  • Employment dates: “When did they work here?”
  • Job title and responsibilities: “What was their role, and what did they do?”
  • Performance: “How well did they do their job?”
  • Reason for leaving: “Did they quit, or were they let go?”
  • Rehire eligibility: “Would you hire them again?”

But there are legal and ethical limits to what can be asked.

Legal perspective
“Hiring managers can ask about anything except protected characteristics—like race, religion, gender, nationality, or age,” says Paul Koenigsberg, a legal expert at Koenigsberg & Associates. “Beyond that, most topics are fair game.”

What can a past employer share? They can discuss your performance, attendance, and attitude—but state laws might add restrictions. “New York doesn’t have a specific law on reference checks, but defamation rules still apply,” Koenigsberg explains. “If an employer shares false info that hurts your reputation, they could be held liable.”

If a former employer knowingly lies about you, you might have legal options. “The U.S. is lawsuit-heavy, so many employers play it safe and share very little to avoid trouble,” he adds.

Ethical perspective
Ethically, employers should stick to professional topics—not personal ones like health, family, or social life.

Past employers should share only truthful, factual info—not opinions that could unfairly sway a hiring decision. However, if you were fired for serious misconduct, that could be shared if it’s relevant to the new job.

Reference check example
Here’s how a typical reference call might go:

Hiring Manager (HM):
“Hi, I’m Sarah from ABC Corp. [Candidate’s name] listed you as a reference. Do you have a few minutes?”

Former Employer (FE):
“Sure, happy to help.”

HM:
“Can you confirm their job title and when they worked there?”

FE:
“They were a Marketing Specialist from June 2018 to March 2022.”

HM:
“How would you rate their performance?”

FE:
“They were reliable, creative, and great at meeting deadlines. Their attention to detail stood out.”

HM:
“How did they work with others?”

FE:
“They got along well with the team and took feedback well. Always had a positive attitude.”

HM:
“Would you rehire them?”

FE:
“Absolutely. We were sorry to see them go.”

HM:
“Thanks—this was really helpful!”

This kind of check focuses on confirming facts, assessing performance, and understanding work relationships.

Do job references have to be from previous employers?
Not always. While ex-employers are common, supervisors, colleagues, or others who’ve worked closely with you can also vouch for your skills.

“A strong reference can make a big difference,” says talent expert David Christensen. “Just make sure your references know what to expect and back up your application.”

Can I say not to contact my previous employer?
Yes. If you’re worried about what a past employer might say, you can ask the new employer not to contact them and offer other references instead. But be ready to explain why.

If you’re currently employed and don’t want your boss knowing you’re job hunting, you can request they hold off on contacting them, says Kraig Kleeman of The New Workforce. Most hiring managers get that job searches can be sensitive.

That said, some companies will insist on contacting your most recent employer. If so, be upfront and suggest alternatives—like waiting until an offer is close or providing different references.

Can employers call previous employers without permission?
Legally, they can—but most will ask first as a courtesy. “In privacy-sensitive industries, consent is standard,” Christensen notes. “Some fields, like those requiring deep background checks, might skip permission—but it’s still best practice to ask.”

If an employer contacts past workplaces without checking with you, consider it a red flag. It’s smart to ask about their reference process early on.

Bottom line
Whether you’re giving references or asking an employer not to contact someone, honesty and preparation matter. If you’re concerned about a past employer’s feedback, offer other references and communicate openly. Most companies just want to find the right fit.

FAQs

Can a previous employer refuse to give a reference?
Yes. Some companies limit what they share to avoid legal risks. They might only confirm your job dates or decline entirely.

Can a bad reference cost me a job?
Unfortunately, yes—especially if it’s unfairly negative. But most employers weigh multiple references and may let you explain any issues.

How can I prepare for a reference check?
Pick references who’ll speak well of you and give them a heads-up. If you’re worried about a past employer, address it with the hiring manager upfront.

Can I lie about past jobs in a reference check?
No. Lying is unethical and can backfire—costing you the job or getting you fired later. It also damages your reputation long-term.

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