Yes, it is generally legal for an employer to ask a job applicant or employee why they left a previous job or are leaving their current one. This is a common and acceptable question in the hiring process, and employers often seek this information to understand a candidate's employment history, stability, and potential fit for their organization.
Why Employers Ask This Question
Employers use this question as a valuable tool to gather insights into various aspects of a candidate's professional background and motivations. Understanding why someone departed from previous roles can help assess:
- Job Stability: How long a candidate typically stays in a role.
- Performance Issues: Whether there were any performance-related reasons for leaving, such as being fired or laid off due to company restructuring or individual performance.
- Career Goals: If the move aligns with their career aspirations and if the new role fits their long-term plans.
- Cultural Fit: Potential conflicts with management or team dynamics in past roles, which might indicate how they would adapt to a new company culture.
- Problem-Solving Skills: How they handle challenging situations or disagreements.
Best Practices for Employers
While asking about the reason for leaving is legal, employers should ensure their approach remains fair and non-discriminatory. It is perfectly acceptable to ask this question during an interview or to collect this information ahead of time on an employment application, typically in the section where applicants list their previous employment experience.
Here are some best practices for employers:
| Do's | Don'ts |
|---|---|
| Ask directly: "Why did you leave your previous role?" | Discriminate: Do not use the answer to discriminate based on protected characteristics (e.g., age, race, gender, religion, disability). |
| Ask on applications: Include a field for "Reason for Leaving" for each previous job. | Ask invasive follow-up questions: Avoid probing into highly personal or sensitive reasons unless directly relevant to job performance and legally permissible. |
| Focus on professional reasons: Seek to understand career progression, company changes, or a search for new challenges. | Retaliate: Do not use the information to retaliate against an applicant or employee. |
| Be consistent: Ask all candidates for the same role similar questions to avoid bias. | Assume the worst: Give the candidate an opportunity to explain their situation professionally. |
Employers should focus on understanding the candidate's professional journey and ensure that follow-up questions do not delve into areas protected by anti-discrimination laws. For instance, asking if someone left due to a medical condition or family responsibilities could lead to discriminatory practices if not handled carefully.
Preparing Your Answer as an Applicant
As an applicant, preparing a concise and professional answer to this question is crucial. Your response should highlight your positive attributes and future aspirations, rather than dwelling on negativity.
- Be honest, but positive: Frame your answer to reflect growth, new opportunities, or a better fit for your skills and career goals.
- Focus on the future: Emphasize what you are looking for in a new role or company that your previous position couldn't offer.
- Avoid negativity: Do not badmouth previous employers, colleagues, or management. This can raise red flags for potential employers.
- Be concise: Provide a brief, clear explanation without oversharing.
- Examples of good reasons:
- Seeking new challenges or growth opportunities not available in the previous role.
- Company restructuring, mergers, or layoffs.
- Relocation.
- Desire for a better cultural fit.
- Pursuing further education or a career change.
For more information on legal hiring practices and interview questions, you can refer to resources from reputable Human Resources organizations or legal information sites, such as Nolo's guide on illegal interview questions.
