Employment reference laws: what a former employer can legally say, by state
On this page
- What protects an employer who gives a reference?
- Which states have reference immunity laws, and what do they say?
- What can a referee not say?
- Do employers ever have to give a reference?
- Why do so many employers only confirm dates and title?
- What should a recruiter do when a referee will not talk?
- Questions people ask
A former employer can legally say anything truthful about a person's job performance and reasons for leaving, as long as it is said in good faith and not to blacklist or discriminate. Many states write that protection into statute: as of October 2026, laws in Arizona, California, Florida, Kansas, Michigan, Missouri, North Carolina and Ohio give employers immunity or privilege for good-faith references, losing it only for knowingly false, reckless or malicious statements. A few laws go further and require a statement, such as Missouri's service letter law and the federal rule for truck driver safety histories. Saying only dates and title is usually a company policy, not a legal requirement.
Our reference check template, reference call script and guide to spotting fake references are about collecting references. This page is the referee's side: what the law lets them say, why many will not, and what that means for your notes.
Not legal advice. This summarises the state statutes linked below, read on the official legislature sites as of October 2026. The list of states is not exhaustive, and court decisions and common-law privilege fill in the details in every state. Check the law of the state where the referee works before relying on any point.
What protects an employer who gives a reference?
Two layers. First, privilege: California's Civil Code 47(c) protects communications made "without malice, to a person interested therein", and the Arizona, North Carolina and Ohio statutes below expressly preserve privileges that exist at common law. Second, many states have passed reference immunity statutes that spell out what is protected and what defeats the protection, often shifting the burden to the employee to prove bad faith.
Which states have reference immunity laws, and what do they say?
| State and statute | What is protected | What removes protection |
|---|---|---|
| Arizona, A.R.S. 23-1361 | Good-faith information requested by a prospective employer about reason for termination, job performance, professional conduct or evaluation; good faith is presumed (with conditions based on employer size) | Actual malice (knowing falsity or reckless disregard) or intent to mislead. A copy of any written communication must be sent to the former employee's last known address |
| California, Civil Code 47(c) | Privileged communication about job performance or qualifications, "based upon credible evidence, made without malice", by a current or former employer on request of a reasonably believed prospective employer; includes whether the employer would rehire | Malice or lack of credible evidence |
| Florida, Fla. Stat. 768.095 | Information about a current or former employee disclosed to a prospective employer on request of that employer or the employee | Clear and convincing evidence that the information was knowingly false or violated the employee's civil rights under chapter 760 |
| Kansas, K.S.A. 44-119a | Absolute immunity for dates of employment, pay level, job description and duties, and wage history; absolute immunity for written answers to written requests about evaluations and reasons for separation; qualified immunity otherwise | The statute does not say what defeats the qualified immunity; absolute immunity covers only the listed categories |
| Michigan, MCL 423.452 | Job-performance information documented in the personnel file, disclosed in good faith on request of the individual or a prospective employer; good faith presumed | Knowing falsity or misleading information, reckless disregard for the truth, or disclosure prohibited by statute |
| Missouri, RSMo 290.152 | Written response to a written request from a reasonably believed prospective employer, stating the nature, character and duration of service and the true cause of leaving | A response that is false and made knowingly or with reckless disregard. A copy must go to the employee |
| North Carolina, G.S. 1-539.12 | Job history or job performance, including suitability for re-employment and reason for separation, disclosed on request of the prospective employer or employee | Proof by a preponderance that the information was false and the employer knew or reasonably should have known it was false |
| Ohio, R.C. 4113.71 | Job-performance information disclosed on request of the employee or a prospective employer | Proof by a preponderance of knowing falsity, deliberate intent to mislead, bad faith or malicious purpose, or an unlawful discriminatory practice |
The pattern across these laws: protection attaches when the reference responds to a request, sticks to job performance and reasons for leaving, and is honest. It falls away for knowing lies, reckless statements, malice and discrimination. Several statutes, including Arizona's and Missouri's, also require a copy to go to the employee.
What can a referee not say?
Blacklisting
Some states make it an offence to stop a former employee from getting work through misrepresentation or agreements between employers. California Labor Code section 1050 makes it a misdemeanor for an employer who, "by any misrepresentation prevents or attempts to prevent the former employee from obtaining employment" (Lab. Code 1050). Section 1053 preserves a truthful statement of the reason for leaving "upon special request therefor", but makes coded marks or signs conveying something different, or an unrequested statement, prima facie evidence of a violation (Lab. Code 1053). Arizona defines a "blacklist" as an understanding between employers to circulate names "whereby the laborer is prevented or prohibited from engaging in a useful occupation" (A.R.S. 23-1361(A)), while expressly allowing references about education, training, experience, qualifications and job performance.
Discrimination and retaliation
Ohio's and Florida's immunity statutes both exclude references that amount to unlawful discrimination or violate civil rights. A negative reference given because someone complained, took protected leave or belongs to a protected group is not shielded by any of the statutes above.
Statements without a basis
California's privilege requires "credible evidence"; Michigan's covers information "documented in the individual's personnel file". Opinions with no record behind them are where referees get exposed.
Do employers ever have to give a reference?
- Missouri service letters. Under RSMo 290.140, a corporation doing business in Missouri with seven or more employees must, when a former employee with at least 90 days' service asks in writing by certified mail within one year, referring to the statute, issue within 45 days a signed letter "setting forth the nature and character of service rendered by such employee to such corporation and the duration thereof, and truly stating for what cause, if any, such employee was discharged or voluntarily quit". Section 290.152 requires any reference response to be consistent with that letter.
- Truck drivers. Under 49 CFR 391.23(g), previous DOT-regulated employers must respond within 30 days to a prospective motor carrier's request for a driver's safety performance history, including accidents and, where applicable, drug and alcohol violations, even if only to confirm there is nothing to report. We cover the hiring carrier's side in MVR checks in hiring.
Why do so many employers only confirm dates and title?
Because a neutral policy is cheap insurance. A truthful reference is usually protected, but the employer still carries the cost of defending a claim and the risk that a manager says something unsupported. Kansas's statute shows the gradient: absolute immunity for dates, pay level, job description and wage history, qualified immunity for everything else. Many companies therefore route reference calls to HR and confirm only what is in the payroll system.
One caution for recruiters: being allowed to disclose pay history does not mean you may ask for it. Many states and cities ban employers from seeking a candidate's salary history; see, for example, California's salary history ban, and check the state where the role is based before asking a referee about pay.
What should a recruiter do when a referee will not talk?
- Ask the candidate for a referee who managed them directly and is free to speak, such as a former manager who has since moved on, and note who they chose.
- Use a written request where the state statute rewards one (Kansas and Missouri both refer to written requests) and mention that the candidate has asked for the reference.
- Accept a dates-and-title confirmation as verification, not as a negative signal, and record it as "policy: neutral reference" rather than "declined".
- Ask job-related questions only, and record the referee's answers in their words with the date, name and role.
- Never record or repeat protected-class information, health information or rumors a referee volunteers.
- Verify employment dates separately when you need them; our employment history verification guide covers the methods.
If you hire across borders, the UK rules are different: agencies placing people with vulnerable groups must obtain two references from non-relatives under the Conduct of Employment Agencies Regulations.
Questions people ask
Is it illegal for a former employer to give a bad reference?
Generally no, if the reference is truthful and given in good faith. Many states give employers statutory immunity for job-performance references; Florida's, for example, protects disclosures to a prospective employer unless the information was knowingly false or violated the employee's civil rights. What creates liability is a false or malicious statement, or a reference used to blacklist or discriminate.
Can a former employer say whether they would rehire someone?
In California, yes. Civil Code section 47(c) expressly authorizes a current or former employer to answer, without malice, whether it would rehire a former employee, and whether a decision not to rehire is based on a finding that the employee engaged in sexual harassment. Other states' immunity statutes cover job performance and reasons for leaving, which usually includes rehire eligibility, but check each statute's wording.
Why do so many companies only confirm dates and job title?
It is a policy choice, not usually a legal requirement. Truthful references are generally protected, but a dates-and-title policy limits the chance of a defamation or discrimination claim and keeps managers from going off script. Kansas's statute illustrates the logic: employers are absolutely immune for disclosing dates of employment, pay level, job description and wage history, but only qualifiedly immune for other information.
Do employers have to give references?
Mostly no, with exceptions. Missouri's service letter law requires certain corporations with seven or more employees to give a former employee, on a timely written request, a letter stating their service, its duration and the true cause of leaving. Federal rules require motor carriers to answer a prospective carrier's request for a driver's safety performance history within 30 days, under 49 CFR 391.23(g).
Which states have employer reference immunity laws?
Many do. This page covers statutes we read directly as of October 2026: Arizona, California, Florida, Kansas, Michigan, Missouri, North Carolina and Ohio. The list is not exhaustive; other states have their own statutes or rely on common-law qualified privilege.