Employees leaving a company can often wonder whether their former employer will insert itself into their future career. In particular, people can be worried about what former employers are allowed to say to jobs where they are applying. “Can my old job sabotage my career?” Texas has a patchwork of laws that apply to employment references that often differ dramatically from laws in other states. The fact that companies can have their own reference policies only serves to confuse things more. The purpose of this article to relieve some of that confusion when it comes to employment references in Texas.
Generally, you have the burden of proving if your employer’s actions toward you violate the law. Of course, sophisticated employers seldom admit to doing something that breaks the law, and often employment cases turn on a “he-said/she-said” moment, where the employee claims something was said and the employer later denies it. One way, we sometimes see employees try to even the playing field by secretly recording conversations in the workplace to have proof of illegal activity beyond their own word.
This article answers some key questions employees often have about recording in the workplace. Is it legal for you to do it? Can your employer order you not to? Can your employer punish you for recording? Is it a good idea?