If a bad reference cost me job opportunity, do I have case?
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If a bad reference cost me job opportunity, do I have case?
I left my last employer on good terms gave 2 weeks notice my last evaluation was good, I was even given going away party, so much to my surprise after using them as a reference for job opportunity which I already was offered pending my references checked out, I was called 2 days later stating they couldn’t extend job offer anymore because my references didn’t check out, when I asked was I given a bad reference I was told she rather I speak to the people I listed as references, in other words she didn’t want to get into detail or get involved.
Asked on April 19, 2018 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on just what was said. A former employer may truthfully pass on information, even if it's negative. For example, if you were habitually late and they are asked, "Did X always get to work on time?", it would not be actionable to say, "No, X had 19 unexcused tardies last year." However, if they say something that is untrue, they may constitute defamation. Accordingly, even if they just pass on a negative opinion such as, "I think X is bad worker", they may be liable if they intentionally or negligently interfere with your ability to obtain new employment.As a consequence, most employers do not take the chance, so will simply say nothing other than verifying dates of employment. At this point, you may want to consider consulting directly with a local employment law attorney.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on just what was said. A former employer may truthfully pass on information, even if it's negative. For example, if you were habitually late and they are asked, "Did X always get to work on time?", it would not be actionable to say, "No, X had 19 unexcused tardies last year." However, if they say something that is untrue, they may constitute defamation. Accordingly, even if they just pass on a negative opinion such as, "I think X is bad worker", they may be liable if they intentionally or negligently interfere with your ability to obtain new employment. As a consequence, most employers do not take the chance, so will simply say nothing other than verifying dates of employment. At this point, you may want to consider consulting directly with a local employment law attorney.
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