References for a former NEMT driver: what you can say, what to leave out, and who may ask

What can you say about a former driver?

You can give truthful, job-related facts: the dates the driver worked for you, the job title, the duties, and how the driver did the job. California’s statute also lets an employer say whether it would rehire a former employee. A common policy keeps it to dates, title and rehire status, because the legal protections below cover only what is true and fairly given, and because a rule applied to every driver is hard to attack. The caller’s side of the conversation, what to ask and what not to, is in the guide to verifying a driver’s employment history.

Some answers belong outside the call, whatever your policy:

• Opinions and labels. In an example from the EEOC’s retaliation guidance, a former supervisor called a worker a “troublemaker” and mentioned her harassment suit, and both the old and the new employer could be liable.
• Anything the file does not back up. Texas defines “known” as actual knowledge based on information about the employee, including what is in the employer’s file, and California’s privilege covers statements based on credible evidence.
• A driver’s complaints or lawsuits. The EEOC lists tipping off a prospective employer about an earlier discrimination complaint as retaliation.
• Discipline records in Illinois. Notice and age limits apply, covered in the state laws section below.

Which states protect an employer who gives a reference?

Florida, Texas, Ohio, Georgia and California each protect an employer that gives truthful job-performance information to a new employer who asks. The protection differs in what it covers and in what a former employee must prove to defeat it.

The standard of proof is the practical difference. Florida and Texas make the former employee prove bad faith by clear and convincing evidence, which is a high bar. Ohio and Georgia let the former employee win by a preponderance, meaning more likely than not, so a careless answer costs more there. Texas goes further and says the law does not require an employer to give a reference at all, and it extends the protection to a manager or other representative authorized to answer. Georgia covers a designated representative too, which is a reason to name one person for these calls.

Two other rules cut the other way:

• California. Labor Code 1050 makes it a misdemeanor to prevent or try to prevent a former employee from getting a job through a misrepresentation.
• Illinois. An employer with five or more employees may not divulge a disciplinary report, reprimand or other discipline to an outside party without written notice to the employee, sent by first-class mail no later than the day the record is shared. The Act counts a former employee who left within the past year. Notice is not needed when the employee waived it on a signed application with another employer, when a court or arbitrator orders the release, or when a government agency asks after an employee’s claim or a criminal investigation. Before releasing any information, the employer must also review the file and delete disciplinary records more than four years old, with exceptions for releases the Act requires or a legal action orders.

When does a truthful reference turn into a claim?

A claim starts with something you said that was false, or said in bad faith. The five statutes above all turn on that: a known falsehood, malice, reckless disregard or a failure to act in good faith is what removes the protection, and in Florida and Ohio so does a disclosure that is itself discrimination. A truthful answer that sticks to the file is the position you want.

A second claim comes from retaliation. The EEOC’s guidance on retaliation covers former employees and lists refusing to provide a reference, or giving an untruthful negative one, as examples. It says pretext can be shown when a former employer usually declines to comment on past employees but makes an exception for a person who engaged in protected activity. A truthful negative reference is not retaliation unless the charge actually motivated it. The laws behind it cover an employer with 15 or more employees for race, sex, national origin, religion, disability and genetic information, and 20 or more for age. Drivers who reported wage or safety problems have separate protections, which the whistleblower protections guide covers.

What if the driver left over a rider safety or abuse concern?

Report the concern to the right agency when it happens. That duty does not wait for a reference call, and the mandated reporter entry explains who must report and where. A reference call is a separate act with a smaller job: stating facts.

• Write down what happened and what you did. Keep the date, the incident, the investigation and the outcome in the discipline file, and give a caller only what that file supports.
• Point to the agency that holds the finding. If a state registry lists the driver or a broker barred them, that finding is the fact. The abuse registry guide covers how registries work and what a listing means.
• Do not add conclusions. For example, “Terminated on March 3 for violating the rider conduct policy” is a fact. A guess about what the driver is capable of is not.

A broker is told about a departure through its roster process. MTM’s portal tips say that when a driver stops driving for a provider, the provider should ask its Vendor Account Manager to take that driver off the company, and a Louisiana broker’s handbook, posted by the Louisiana Department of Health in April 2025, says to notify it immediately when any driver or administrative employee leaves. Give the broker the same written reason you give a reference caller, as the rehire guide recommends.

How do you answer a driving-history form from a new employer?

Answer it as written, and only what it asks. In New York, Vehicle and Traffic Law 509-m(7) has the DMV prepare a driving-history form that current or former employers of bus drivers complete when a prospective or later employer asks, and the DMV’s version is form DS-3.6. Ambulette carriers fall under the state’s Article 19-A bus driver law: the Medicaid Inspector General’s ambulette audit protocol, revised July 22, 2026, requires ambulette drivers to be certified under it for the provider to bill.

The form carries the driver’s signature authorizing the release and releasing the former employer from liability. It asks four yes or no questions about the period the driver worked for you:

1. A conviction for a driving-related offense.
2. An accident that had to be reported to a state agency.
3. A disqualification, suspension or revocation for a driving-related offense.
4. Discipline for a driving-related offense that led to suspension, termination or disqualification.

For any yes, give the date, place and a description. Under the federal driver qualification rules, a carrier that employed a covered driver must answer a request for a driver’s safety performance history within 30 days, even when it has nothing to report, and must keep a record of each request and its response for a year. Those rules protect the answering employer from defamation, privacy and interference suits unless it knowingly furnished false information or skipped the required procedures. The hiring guide covers who falls under them.

A script for the front desk

Send every reference call to one named person, such as the owner or office manager, and have everyone else say “I will pass you to the person who handles that.” The named person says one thing:

“We can confirm dates of employment, job title and whether the person is eligible for rehire. If you need more, please send the driver’s signed release and your questions in writing, and we will answer what we can.”

Then log the call: the date, who called, the company they named, and what you said. Keep the same script for every driver, the ones you were glad to lose included. The log and the identical script are what you show if a former driver says you treated them differently.

Keeping the dates straight in HealthRide

The dates and hours you confirm on a reference call should come from the record. In HealthRide, timecards show the days and hours each driver worked, and the driver’s profile holds their credentials and expiration dates. See fleet and credentials and reports.