What to do if…
a former employer is contacting your new workplace without warning
Short answer
Ask your new workplace HR contact to save the contact and note who reached out, when, how, and what was said. Ask that any further reference or verification communication about you be routed through HR in writing, then avoid a heated response while you gather the documents you already have.
Do not do these things
- Do not resign from your new job in panic.
- Do not send heated calls, messages, or public posts about the former employer.
- Do not ask coworkers to investigate or spread counter-rumors.
- Do not send a large bundle of personal documents before asking HR what concern, if any, needs a response.
- Do not assume the contact alone proves that a law was broken. The details and applicable state law matter.
What to do now
-
Ask your new workplace HR contact to save the details.
Ask who contacted the workplace, when the contact happened, how it was made, what was said, and whether the contact was requested or unsolicited. Ask HR to retain any emails, messages, voicemail, and internal notes they are able to save. -
Ask HR to route any further contact through a formal channel.
Request that future reference or verification communication about you go through HR and be made in writing where possible. Follow your new workplace’s process. -
Review the documents you already have.
Check your application and onboarding paperwork for any reference-check or background-screening authorizations. Find any separation agreement, written reference agreement, or written promise about what your former employer would say. -
Check whether a third-party reporting company was involved.
Ask HR whether a third-party background-screening or reference-check company provided a consumer report and whether any employment decision is being considered because of that report. This step is for a report supplied by a third-party company and may not cover a direct call from a former employer. If a decision is being considered because of a consumer report, the employer generally must provide a copy of the report and a summary of your Fair Credit Reporting Act rights before taking adverse employment action based on the report. Review the report and ask the reporting company how to dispute inaccurate information. -
Consider a brief written request to the former employer’s HR contact.
Where appropriate, ask that any future reference or verification communication be routed through the former employer’s designated process, be made in writing, and remain factual. Avoid contacting the individual involved if you have a safety concern or a lawyer has advised against direct contact. -
Give your new workplace a small, verifiable correction if needed.
Ask what concern was raised. Respond with only the relevant documents you already have, such as confirmed dates, job titles, written feedback, or an agreed reference. -
Check whether the contact may be connected to protected EEO activity.
Retaliation protections may apply after employment ends in some situations, including certain negative references connected to a discrimination complaint, participation in an EEO process, or a request for accommodation. Preserve the record and contact the EEOC promptly if this may apply because filing time limits can be strict. -
Get state-specific legal advice if the contact continues or threatens your job.
An employment lawyer in your state can assess the exact statements, any written agreement, and whether state-law options may be relevant.
What can wait
- You do not need to decide today whether to file a lawsuit or government charge.
- You do not need to confront the person who contacted your workplace.
- You do not need to make a public complaint.
- You do not need to investigate every possible motive before asking HR to preserve the contact and route any further communication formally.
Important reassurance
One unexpected contact does not require you to make an immediate job decision. A calm written record gives your new workplace a clearer basis to assess what happened and gives you time to choose the next step carefully.
Scope note
These are first steps only. Later decisions may need state-specific advice from an employment lawyer or guidance from the appropriate agency.
Important note
This is general information, not legal, medical, financial, therapeutic, or other professional advice. Employment, retaliation, defamation, and related rules can depend on the exact facts and applicable state law.
Additional Resources
- Federal Trade Commission — Using Consumer Reports: What Employers Need to Know
- Consumer Financial Protection Bureau — Model forms and disclosures
- U.S. Equal Employment Opportunity Commission — Retaliation
- U.S. Equal Employment Opportunity Commission — Enforcement Guidance on Retaliation and Related Issues
- U.S. Equal Employment Opportunity Commission — Time Limits For Filing A Charge
- U.S. Equal Employment Opportunity Commission — How to File a Charge of Employment Discrimination
About this guide
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