How is it illegal? Source?
Do you mean they're opening themselves up to a lawsuit by saying anything else? If so, that's different than being illegal.
Re:Ask HN: Who is firing?
by liquidcool on Saturday November 05, 2016 @02:33AM
(#12878475)
What state? Employment law varies considerably from state to state, and I didn't think that's federal law (but IANAL).
You are correct. It's not just "if they're smart" it's "if they're complying with the law." Former employers are only legally allowed to confirm employment, salary (yes, really), and whether or not you're eligible for rehire.