Hello,

Thank you for using JA. Although there is nothing that would legally prevent an employer from giving a reference out, most will just confirm the person was an employee, give the dates of employment, and possibly wage information. This is because companies are scared of being sued if they give a bad reference or something that the employee claims kept them from getting a new job. So to eliminate the possibility of being sued for libel, Slander or defamation, they will just relate exact facts and not offer any opinions of a former or current employee's work performance.
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But yes, the company can give a reference if they choose to but are not legally obligated to do so.
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Thanks.

Barrister

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