Former Employer giving bad references!?

Question

I am currently unemloyed and am looking for a job, my problem is that I keep getting a bad referance from my last employer. It is not from the HR dept it is from the office manager who took my place, she fields the calls so when they call to ask about me she takes the call and gives me a bad referance! I hired this chick too! I know this for a fact because I have called asking about myself and heard the nasty things she said which were compeltly untrue and well she wasnt even my boss, she was my employee,

What can I do to make her stop this because it has cost me more then one job.

How do you stop someone from giving bad referances that are not true?

Answer 1

" Bad Job References... What Information Can Your Former Employer Disclose?
Loose-lips don't just sink ships..

They often devastate a job hunters ability to gain employment. After leaving a job, a former employer is free to pass along negative information about you to prospective employers, and most state laws protect them from legal recourse provided the information is - job related; based upon credible evidence; and made without malice.

It is illegal for a former employer to purposefully give false information for the sake of harming one's reputation or preventing one from obtaining employment. In addition, personal information that is not job related should neither be asked about or provided by either a prospective or former employer. In general, it is inappropriate for a prospective employer to ask questions or a former employer to provide information about an individual's race, color, religion, sex, national or ethnic origin, age, disability status, marital status, sexual orientation, or parenting responsibilities.

Former employers who fear potential defamation and slander law suites have become crafty when answering employment reference questions. Rather than speak negatively about a former employee, some will opt to "No Comment" when asked critical employment questions regarding performance, termination, and eligibility for rehire. The inference of this is just as harmful to the employee as a bad reference, and if a prospective employer has to choose between two qualified applicants - one with positive references and the other with mediocre or bad references - who do you suppose they will choose?

Another common practice among leery employers is to refuse to give any information about an employee other than dates of employment and title. This is gross disservice to an employee who has dedicated years of faithful service to a company, yet gets no better of a reference then an employee who was fired for embezzlement.

Unfortunately, this policy is within the legal rights of an employer- provided the policy is an across the board policy that applies to all employees - not just a selected few. There have been cases successfully argued that an employer discriminated against an employee for not applying the same policy to all its employees."

" Depending on the state you live in, many states allow an employer to make negative comments as long as they are made in "good faith." In addition, when an employer is asked whether you would be eligible for rehire, they are under no obligation to say yes. When an employer is asked if they would enthusiastically recommend you for the position you are applying, they are under no obligation to say yes. These two comments alone could kill your chances of getting a job on the spot."

WHat can you do ? Go to the link below.

Answer 2

Former Employer Giving Bad Reference

Answer 3

You need to contact the Labor board. Your former boss can only say whether or not you worked for your former company NOT the specific reason. You might have someone else like a friend call and record the conversation and even though it's not admissiable evidence in a court, it may be enough to prove to the board your case if your friend is willing to sign a statement to that regard. You might also enlist an attorney who specializes in labor diputes and wrongful termination to see if they can advise you. Perhaps they can draft a letter to your former employer for a small fee so that they will stop maligning you every time a potiental employer calls them for a reference. Good luck.

Answer 4

Hello Jessica G.

I dont know where you're from, but let's assume you're from california. California is a right to work state, there an employer by law cannot give a bad reference, because that would deprive your right to work, so if you can prove that they gave you a bad reference you can sue them 100% for sure.

If you are not from California, research to see if you are a right to work state, if so, then it's the same story.

The only thing an employer can verify (due to privacy laws) is your date of work, so the prospective employer has to give the dates you provided and they can only answer yes or no, that you didn't work there.

I hope this will help you

Answer 5

You hire a lawyer and sue your former company.

Have a friend call in and get the bad reference and write down everything that was said, have your friend take it to a notary and get a statement notarized.

Then, if you left on good terms with your former boss, go pay him a visit. Show him the notarized statement, ask him to rectify the situation.

If he doesn't then sue, it is against the law to give any reference that can not be verified by your employment file.

Good luck, and know that karma will eventually bite this girl in the butt.

Answer 6

This Site Might Help You.

RE:
Former Employer giving bad references!?
I am currently unemloyed and am looking for a job, my problem is that I keep getting a bad referance from my last employer. It is not from the HR dept it is from the office manager who took my place, she fields the calls so when they call to ask about me she takes the call and gives me a bad...

Answer 7

You probably can sue. I was told there are certain information that a former employer can tell. If you worked there, how long. I don't think they are free to say if you were a good or bad employee. He probably stepped way over the line. The person is liabel for slander even if that is not true, because he probably misrepresent his position relative to yours, to your prospective employer. The problem is proving it, and If you sue you may be blacklisted. My suggestion is to call the human resource, first.

Answer 8

Yes, they could give you a bad review. Even if your manager is a jerk, it's your responsibility to communicate appropriately (i.e. don't ignore their correspondence) and give appropriate notice before leaving. You could always explain to your new employer the circumstances, but it may not be good enough. It sounds like you may not have been as "committed, reliable, in short a pretty much model employee" as you thought. Maybe you fulfilled your job responsibilities well, but it sounds like you dropped the ball when walked out without notice and refused to communicate in a mature, responsible way.

Answer 9

In the UK it is illegal to give a bad reference, unless specific questions are asked. It sounds like you are being slandered. But you also need to ask why you don't work there any more. If you were made redundant and this new person has taken your job, then you have been wrongfully dismissed. It is the job that is made redundant, not the person. If you left voluntarily, then why? If you were dismissed following disciplinary proceedings, is she only repeating the reasons for dismissal?

I think you need to speak to a solicitor as soon as possible.

Answer 10

Find out the phone number to HR, not to where you worked. You should also mention that the office manager is giving you a bad review and tell them you would like it put in her file that she is not following policy. Call her district or area manager (her boss) and report her.
Then list the direct number to HR when you make applications. Also, did you know that HR is not allowed to tell your rate of pay. This fact may help you negotiate a higher rate based on your experience. Good luck!