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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.
The investigating HR employee can ask for the previous employer's official classification of the job candidate's departure. Since this is the reason given in the former employer's records, they may repeat it without violating internal policies.hat the previous employer will disclose depends on company policies and state laws. In some states, such as California, the previous employer can't give misleading information about the employee but can refuse to provide any information beyond the general, such as position held.