I have recently tried to get a job and one of my employers gave me a really bad reference. They went into deep details and basically was trashing me. I didn't think they were allowed to do that? Isn't that diminishing my character? Can I sue for that?
2007-04-24 10:31:29 · 8 answers · asked by what_name_isnt_used34 2 in Business & Finance ➔ Careers & Employment
the person who was trashing me was my last employer
2007-04-24 11:07:04 · update #1
and what was said was lies....... They made up some crazy story that never even happened
2007-04-24 11:08:46 · update #2
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.
2007-04-24 10:37:47 · answer #1 · answered by Barkley Hound 7 · 0⤊ 1⤋
There is no law that says they can't say what they want, but most former employers won't go into any detail about bad performance or say anything they can't absolutely prove as true for fear of lawsuits. If you can get any proof that they said anything that isn't true or can't be proven, you may have a winnable lawsuit. The trick is getting that proof.
2007-04-24 17:36:02 · answer #2 · answered by Brian G 6 · 1⤊ 0⤋
you can most likely sue for anything. But the vast majority of people don't follow through because of court, lawyer fees, not to mention time. I'm sorry to hear that your former employees went off on your work history like that, but is what they said untrue? then you can refute what they said. If you DID have a bad rep with them, don't use them for your references next time!
good luck!
2007-04-24 17:37:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You would have to prove him totally wrong.
I'll give you a tip. Sue, and you'll never find a job.I'd never hire you knowing that if you simply didn't work out I'd be facing a lawsuit if I left you go.
Most prospective employers place little value in references anyway.
2007-04-24 17:36:46 · answer #4 · answered by TedEx 7 · 1⤊ 0⤋
If you didn't ask them for a reference, yes. Its bad form to put someone down as a reference if you didn't ask them, but not legally punishable. But if they asked for your previous employers, contacted them, and those employers gave any information other than the dates of employment. Yes, you can sue them silly.
2007-04-24 17:35:49 · answer #5 · answered by Amy V 4 · 0⤊ 1⤋
Did you sign a release when you applied for this job that allowed your potential new employer to contact your references/check your resume?
If so, there's nothing at all you can do.
2007-04-24 17:39:01 · answer #6 · answered by mizicepickle 3 · 1⤊ 0⤋
Previous Employeers are only allowed to say whether or not your worked for them and whether or not you were a good employee. I am not sure to what extent they can go into if you were a bad employee. I would suggest contacting a lawyer.
2007-04-24 17:36:43 · answer #7 · answered by Anonymous · 0⤊ 1⤋
If what they said is true, then it is not defamation of character.
Most companies have rules about what can or can't be said, but that is NOT the same as grounds for a lawsuit.
If you were only there for a short time, don't list the company.
2007-04-24 18:10:31 · answer #8 · answered by tigglys 6 · 0⤊ 0⤋