Can previous employers give a bad reference?

You may think that a past employer won’t give a negative reference, but unfortunately employers can — and do — give bad feedback. Think employers can’t legally give a negative reference or do more than confirm dates of employment? This is not true.

What can a previous employer say in a reference?

If your employer gives you a reference, they can make it as short as they like. A lot of references only say what your job title was and when you worked there. The reference has to be accurate. Your employer can’t say anything that’s not true.

When does an employer publish a false statement?

Some states recognize “self-publication” as a way of meeting this requirement. Self-publication happens when the employer makes the false statement directly to the employee, who is forced to repeat it to others (for example, when asked by a prospective employer why she was fired from her last job).

What happens if an employer gives a false reason for termination?

However, this is likely a bad idea, as if the false reason is discriminatory or is supplied as a pretext for discrimination, an employer may subject itself to litigation. If an employer is going to provide a reason or reasons for termination, it should likely limit itself only to those explanations it believes to be true.

Can a former employee sue a former employer for defamation?

Defamation is currently the most common cause of action used by former employees to challenge a reference given by a former employer. A growing trend is the practice of alleging defamation in wrongful-termination lawsuits, a practice virtually unheard of prior to the 1990s. State defamation laws vary slightly.

Can a company claim retaliation for a negative reference?

An employee could potentially assert a claim of retaliation against an employer who provides a truthful, but negative, reference, and thus create a new set of employer problems. Employers cannot protect themselves from such claims by giving little or no information if normal policy is to give considerably more information for former employees.

Can a former employee sue an employer for defamation?

Defamation by an employer during or after the firing process may prove grounds for suit by former employees. Essentially, employees filing defamation suits allege an employer’s actions hindered the employees’ ability to obtain future employment.

What can an employer say about a former employee?

Legally, a former employer can say anything that is factual and accurate. Concern about lawsuits is why many employers will only confirm dates of employment, your position, and salary. How to Check on What the Company Will Disclose

Do you have a case against a former employer?

Many states recognize a qualified privilege – which protects the speaker as long as he or she acted without malice – for statements made in the context of giving an employment reference to a prospective employer. (To find out your state’s rules, select it from the list on our Hiring Lawsuits page.)