NRS 613.210 Blacklists unlawful; recommendations and statements to be provided to employee by employer.

In Nevada it is illegal to “blacklist” a former employee with the intent to prevent them from gaining employment. It is very clear in section 4 that it is legal to release truthful information and references.

NRS 613.090 Obtaining employment by false or forged letter of recommendation or union card: Penalty.

In Nevada it is illegal to gain employment by using a false reference or recommendation, the employee is held responsible for this action as well as the entity that provided the false information.

NRS 613.075 Inspection by person who is subject of records; provision of copies upon request; cost of copies; person permitted to submit written explanation in response to information in records and to challenge accuracy; limitations.

If you want to know what a former employer may be releasing you can request a copy of your file. In Nevada the employer must provide you a copy of your personnel file if you request it within 60 days of separation or at a reasonable time while still employed if you are or have been employed for more then 60 days.

In general terms employers can release truthful information
Nevada is one of the few states that require a signed release for the information.
Nevada does consider a signed application listing the former or current employer as a reference as a release for the information.

Reference checks have NOTHING to do with background checks although some background checks do include work information. Federal law the ‘Fair Credit Reporting Act’ covers background checks and a separate release and disclaimer must be signed for a background check to be performed.

If someone signs a release authorization for a background check to be done that means they are releasing former employer and educational institutions from liability for releasing truthful information about your employment with them or your education with them. They can release any and all truthful information about you. They can not make up things or discuss things not involving your employment – such as “she’s a really bad driver” if your job did not involve driving.

A previous employer can say whatever they want to as long as it’s true. Many companies limit what can be said on reference calls, but it’s not a legal issue.