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Kolb says employers cannot make employment decisions on the basis of a service member's membership or active duty service in the military. âEssentially, the employer cannot ask questions about the effect of the employee's military service on his ability to work for the employer.â.
What they say has to be the truth or the company can be subject to a lawsuit from the former employee. Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.