• Asking past employers for references is as much a part of the application process as the interview is.la rencontre image by Yves Damin from Fotolia.com
  
  Potential employers often ask for permission to contact your past employers as part of the job application process. If you are applying for work in Michigan, past employers are free to disclose any non-confidential information about your job performance. However, if you feel a past employer has unfairly disparaged you, you have legal recourse through the civil court system.
  
  

Freedom to Disclose

• Michigan state law says that past employers can disclose any non-confidential employment information about you. That means that they can tell your potential new boss about your dates of employment, job duties, job performance, and how you fit in with others in the company. The past employer may not disclose any confidential information, such as the contents of your personnel file. Past employers may not disclose information maliciously. For example, they cannot give out negative information to purposely stop you from getting a different job.
  
  

Defamation of Character

• If you believe a past employer has shared untrue negative information with a potential employer, you can sue your former boss and the company for defamation of character. Defamation of character lawsuits are handled through the civil courts and usually require an attorney. You would have to prove that the negative information was untrue and that it adversely affected your ability to gain employment.
  
  

Minimum Disclosure

• Past employers must confirm the date of hire and separation if asked. Many employers stick to this minimum requirement in order to minimize the possibility of being sued by former employees for defamation of character. Employers will also usually confirm salary information for past employees.