Is that legal?
yes.....because i didn't make a comment directly about him.
i can't say something like " he's late all the time", unless i'm directly asked that question.
legally, i can only say how his work was.
but reality is that in each of our respective communities(or professions) we build reputations. i've never had trouble finding work, because of this. others have.
i will not lie to someone about "mr smith" saying he's good, if he sucks.
there's always ways around things like that.
right now, my old boss...the guy i worked for just before i got this place......he asked me if i knew the dude he has working for him now......and he kinda regrets hiring the dude.
i've been nice enough to not say i told ya so.