Can a previous employer give a bad recommendation? And do employers usually contact references?

Question

My sister told me that she thought it was illegal for an employer to give a bad reference. I don't know if it was true, or just for my state, but I'm from Michigan.
Also, for a relatively low-level job, do you think employers bother to call contacts?

Answer 1

What would be the point of checking on references if no one was allowed to give a bad one? It would mean every reference check a future employer made would be positive, so why bother even calling if you already know you're only gonna hear the good stuff?

It really depends on the employer, but I'd say for a low-level job it's more unlikely that they will bother checking up on your references.....but it really depends on how low-level you're talking about.

Answer 2

Q: Can a previous employer give a bad recommendation?

A: Yes, of course. That is why you should never list as a reference any person or company that you are sure won't be flatering.


Q: My sister told me that she thought it iwas illegal for an employer to give a bad reference; true?

A. False. See answer above.


Q: For a relatively low-level job, do you think employers bother to call contacts?

A. Again, see answer to the first question. If a job application calls for references, or if you list references on your resume, you better make sure each and every one is a positive reference.

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Answer 3

Now that you have received idiotic and false answers from everyone except Flipsgirl, I will waste my time yet again to explain the facts of law. First, I am an attorney. Second, you need to tell your sister if she doesn't like my answer, she needs to sit down with her own attorney and ask. Then compare the two answers. Now, if the only thing the employer is saying is that she was let go for discrepancies, that is opinion and not actionable. It matters not that she turned in her notice and worked the period contained therein. This is a matter of opinion and not actionable. If the employer had said she was fired for stealing and knew she had not been, then your sister would have had a cause of action. However, in the current situation she has no proof of an intent to slander. The manager / previous employer has the unaltered right to tell anyone, prospective employers included, his opinion of a person as long as that opinion is based in fact or what the employer believes to be fact and without intent to harm. Most people think that an employer is only allowed to give out dates of employment or answer yes to were they employed. Not only is this false, but it is company policy and nothing more. If anyone can find any state or federal statute to the contrary, as I have suggested for months, they are free to post it.

Answer 4

Sometimes employers do contact references. There is usually a box that you have to check to give them permission, but I don't think it is illegal. My advice is before listing anyone as a personal reference, be absolutely sure what they will say about you. As for previous employers, have a friend call them and ask for a reference. You have to list them on your application, but if they are saying bad things about you, you can explain to the employer why they said it beforehand.

Answer 5

This is a very thorny issue. The personnel department of a company will verify your work dates, starting and ending salary, and state whether you are eligible for re-hire. If you left the job on good terms, they will say you are eligible for re-hire even if they wouldn't consider re-hiring you. If you left on bad terms, they will simply say you're not eligible for re-hire. This is a big indication that there were problems.

However, outside of formal references, most industries are "very small" in that people tend to know other people in the same industry. So, the interviewing supervisor may well contact someone (s)he knows at your previous firm and informally get "references" from your former supervisors and/or co-workers.

Employers don't usually call contacts or even references for entry-level and low-level positions unless questions arise. If it becomes evident that you don't know the things you should know, they might decide to verify your references and try to determine what level of competency you should be displaying.

Answer 6

It is actually against the law for them to give bad reference, about all they can say is yes they did work here, and if the new company ask the old company if they would rehire you all they can say is yes or no and they cannot say why they wouldn't rehire you. A new company calling old employers it all depends on the job and the way the company policies are. Alot of times when you do get into certain jobs like banking or real estate or law enforcement they will do a indept background check with your employers and all your personal background like credit and criminal checks, so good luck.

Answer 7

It's not illegal but where I used to work they were worried about a possible lawsuit so we had to carefully word our references. We would simply say that we'd NEVER hire the person again. If you are a low level employee they might not call depending on what type of industry. If you are worried about getting a bad reference from your previous employer maybe you could figure out a way to leave them off your resume'.

Answer 8

If you do not want a bad recommendation then don't list that employer on the application. If they do call previous employers they can only verify that you were an employee. You are the person who supplies the references.

Answer 9

Okay here's the truth: Employers DO GIVE bad
references. Also, any past employment history you
put on any application will be contacted. Would
you want to knowingly hire a bad employee? Not me.

Answer 10

i'm not sure about your state but from what i know; yes, an employer can give a bad recommendation. some employers wont contact references. some will. its entirely up to them.