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can you sue your former employer for giving you a bad reference?

p0ink

p0ink

New member
i am just wondering if you can sue your former employer for giving you a bad reference, especially if it is not based in any fact, whatsoever.
 
I believe you can. For professional references pretty much all they're allowed to say is when you worked there, how much you made and that's it. Personal references can say anything they want.
 
If you believe that you are getting an undeserved bad reference, there are things you can do. First, call your old boss and attempt to resolve any issues. If this approach doesn’t work, or you are not comfortable contacting the reference, hire a reference-checking company to check your references for you. These companies will discreetly check your references and provide you with a report that covers both what was said about you and the tone with which it was said. Once you receive the report, ask yourself if it is honest. If not, contact a lawyer right away. Slander laws vary slightly from state to state, but a former employer cannot divulge information about you that is both false and malicious.


http://www.quintcareers.com/job-search_references.html
 
Why not, suing is the American way now.

Fuck baseball, hotdogs and applepie when you can sue and buy them all at once when the settlement comes in.
 
well, considering this former employer of mine asked me to break federal and state law on more than one occasion, thus jeopardizing my own record, you wouldnt shed a tear or two if you were me.

i just dont want this to hurt future job prospects.
 
Dial_tone said:
If you believe that you are getting an undeserved bad reference, there are things you can do. First, call your old boss and attempt to resolve any issues. If this approach doesn’t work, or you are not comfortable contacting the reference, hire a reference-checking company to check your references for you. These companies will discreetly check your references and provide you with a report that covers both what was said about you and the tone with which it was said. Once you receive the report, ask yourself if it is honest. If not, contact a lawyer right away. Slander laws vary slightly from state to state, but a former employer cannot divulge information about you that is both false and malicious.


http://www.quintcareers.com/job-search_references.html
Click to expand...

nice one.....wow.... i did not know that
 
p0ink said:
well, considering this former employer of mine asked me to break federal and state law on more than one occasion, thus jeopardizing my own record, you wouldnt shed a tear or two if you were me.

i just dont want this to hurt future job prospects.
Click to expand...

Gotcha..

And if all fails, hire Moose and Rocko to help the Judge find his checkbook.
 
p0ink said:
well, considering this former employer of mine asked me to break federal and state law on more than one occasion, thus jeopardizing my own record, you wouldnt shed a tear or two if you were me.

i just dont want this to hurt future job prospects.
Click to expand...


start collecting evidence bro. blackmail in the future to save your ass. or even worse, protect your ass from him setting you up to be the fall guy.
 
I lost my job due to two things I got written up for falsely. My boss wasn't really out to get me. She was just too stupid to see the truth and didn't believe my side of the story no matter now many times I told it. I was too happy to be out of there to fight it.
 
An employee you fired has given your name as a reference for a new job. You'd like to save someone else from trouble by telling the prospective employer what you know. However, your lawyer has advised you not to give out references.
If you haven't listened to that advice before, you'd better start listening now. For the past decade, attorneys have advised employers not to provide references because a former employee might sue over defamation. In February, the U.S. Supreme Court issued a ruling that gives employers an even stronger reason to clam up. The ruling effectively extends the reach of federal anti-discrimination laws to former employees, who may now sue you over a bad reference by claiming your motive was retaliation.
Click to expand...


http://www.entrepreneur.com/article/print/0,2361,227330,00.html
 
Last edited:
Definately start talking to some lawyers...if a bad reference cost you a job, you definately have a monetary claim. Hit em' up!
 
Hmm seems like this one's been bumped up. Anyway, I guess when the bad reference isn't truthful and it's done just to destroy your image... start talking to your lawyer and I guess there's a case you can file.
 
I know this has been viewed in a while but I remembered the thread upon encountering this article and might be beneficial to others in the same situation. According to it, you can claim damages in case a former employer gives you bad reference. The difficulty lies in proving that this was actually the case and that it was used to decide against your employment, but in case you have sufficient evidence, I see no reason why you shouldn't.
 
Yes you can if there is a need. I worked as a Customer Support in software compnay and had some disagreements so they mentioned some negatvie reviews regarding me anyway a realestate agency which sells condos hired me on probation and decided to test me rather than beleving in my experience letter, so my former company was inches away of getting sued if my current company didn't hired me.
 
The answer is yes! You can file a lawsuit against your former employer for giving out negative references about you. You can potentially sue for defamation. This requires that you meet certain criteria.
  1. Your former employer must have made false statements about you.
  2. They must have published these false statements to an employer you applied to.
  3. Your former employer must have known with certainty that these statements were false.
  4. The statements made are not covered by the legal immunity of privilege.
  5. You must have suffered from these statements being made, such as losing out on potential earnings.
 
There's a difference between a bad reference when it's accurate and one when they lie. If they give one when you've been a dick... don't be a dick.
 
If I I been thinkin’ about what I want in my life. It begins and ends the samehad to choose what I couldn’t lose. There would only be one thing. I don’t wanna live without you
 
I believe you can. For professional references pretty much all they're allowed to say is when you worked there, how much you made and that's it. Personal references can say anything they want.
 
only if ur k-n-o-t a fuhcup

and u voe-ted for joe biden

and u have a pea-niss

and u wair a dress

so u can cumpete in gurls sports
 
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