What can I do about my previous employer giving bad references? (Know You Rights in 2024)

What can I do about my previous employer giving bad references? If you were terminated for stealing or as a result of poor performance, your employer may share these details with prospective employers. But they cannot make false statements, or you could file a defamation lawsuit.

What can my previous employer say about me? When you leave a job, a previous employer can disclose truthful information about your performance. However, exaggerating or sharing unproven facts may be defamatory.

Keep reading to learn how to find out if a former employer is slandering you. This guide covers your protections under bad reference law and discusses how to sue a former employer for defamation. Enter your ZIP code if you’re ready to speak to an attorney.

Dealing With Bad References From Previous Employers

Can an employer give me a bad reference? An old boss can report factual information to potential new employers, including poor work performance, behavioral reviews, and the reason for your termination. A former boss cannot spread false information about you or actively try to hinder your career.

Can you sue your boss for slander? Yes, if your former employer reference is lying, you may have an action for a defamation lawsuit.

Defamation is an injury to one’s reputation or career, and employee reference laws prohibit employers from defaming a current or ex-employee to a prospective employer.  Further, if you suspect your ex-employer defamed you to terminate your employment, you may also bring a wrongful termination action against them.

Can a past employer give a bad reference? Yes, so you must be able to prove libel and slander to bring a defamation suit against your employer. For example, if your employer tells you or another employee that they “will make sure you never work in this town again,” any nasty remarks they make about you can be used as evidence in a defamation lawsuit.

False statements of fact do not include the employer’s opinion. If an ex-employer tells a prospective employer that “in my opinion, she was an incompetent worker,” it will be hard to prove defamation as this is a stated opinion and not a statement of fact.

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Employee Reference Laws

What information can an ex-employer give out? The federal government has no laws restricting a previous employer from providing true information about a former employee. In fact, 44 states have passed employment labor laws regarding employee references:

Employee Reference Laws By State

For instance, North Carolina law grants immunity from civil liability to employers who reveal information about current or former employees. This immunity protects the previous employer unless the employee can prove that the employer knowingly provided false information.

Other states may have similar protections for employers. However, despite the protections afforded, most employers will provide only minimal information, such as the employment dates, the title of your position, and the date you left the company. A previous employer usually prefers to err on the side of caution to avoid potential defamation claims.

What to Do After a Bad Reference From a Previous Employer

Can a former employer give a bad reference? If your former employer is giving bad references, take proactive steps to improve your professional image and gather stronger support from other people you know. Here are a few strategies to strengthen your references:

• Ask for Feedback: Request feedback from the prospective employer to learn what was discussed so you can proactively address concerns and highlight your commitment to self-improvement.
• Contact Previous Employer: Reaching out to your former boss to take responsibility and receive feedback could improve any future references as you’ve shown personal growth and improvement.
• Check Other References: Find others, including advisors, coworkers, or people you volunteer with, to use as professional references. A variety of contacts increases your chances of choosing someone with the most positive statements.

What if my old boss is slandering me? If you can’t approach a former boss or believe they are defaming you, ask a friend or coworker to use them as a reference and see what they say. Contacting the prospective employer and asking what was discussed is also how to find out if a previous employer is slandering you.

 

Can I sue my employer for defamation of character? If you can prove that an employer acted maliciously or made these false statements in bad faith, a court may award punitive damages.

What to Do When a Former Employer Slanders You

Is it illegal to give a bad reference? No, but you can sue your boss for slander, wrongful termination, or defamation of character. These case studies break down how to go about suing a former employer for defamation. See what damages are available for libel or slander.

Case Study 1: Jane’s Defamation Lawsuit

Jane left her job and started applying for new positions, only to find her former employer was giving nasty, false references. They exaggerated her performance issues, ruining her chances of landing a new job. Jane decided to sue her former employer for defamation of character.

With the help of her lawyer, Jane gathered evidence of her employer’s false statements and proved that they were damaging her professional reputation. The court awarded her punitive damages, holding the employer accountable for their actions.

Case Study 2: Mike’s Wrongful Termination Claim

Mike was terminated from his job on suspicion of stealing from the company, although no concrete evidence was ever presented to support the claim. After leaving the company, he discovered that his former boss was spreading this false information to prospective employers.

Realizing he had grounds for both defamation and wrongful termination, Mike took legal action and filed a lawsuit against his ex-employer for defamation of character and wrongful termination. Mike and his attorney were able to build a strong case and successfully sought compensation for the harm caused to his professional reputation.

Case Study 3: Sarah’s Experience of Blacklisting

Sarah had a difficult experience with her previous employer, who not only gave her a bad reference but also engaged in blacklisting her. They actively spread negative information about her throughout her industry.

Struggling to find work, she hired an employment law attorney who confirmed blacklisting was illegal in their state. Armed with evidence, Sarah filed a complaint, triggering a criminal investigation against her ex-employer.

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How to Prove Blacklisting

Can a former employer blacklist you? While employers are generally permitted to reveal information about your employment upon request, there are laws prohibiting them from blacklisting workers.

Blacklisting involves taking action to prevent someone from obtaining employment with other individuals or within an industry. If an employer were to make a general announcement to all people in the computer field telling them not to hire a former employee, this could be constituted as blacklisting.

If you believe you’ve been blacklisted from employment, talk with an employment law attorney and take these steps to prove blacklisting:

• Look for Patterns in Rejection: If you’ve been on the verge of being hired by multiple new employers only to have them back out at the last minute, it could be a sign of blacklisting.
• Hire a Background Check Company: Using a third party to investigate and contact your former boss for references can help you gather evidence of blacklisting.
• Contact Human Resources: Reach out to the HR department of your previous employer to report what’s happening and the evidence you have.

Is blacklisting illegal in Florida? Yes, it is a misdemeanor crime to blacklist former employees. In other states, such as North Carolina, blacklisting is a Class 3 misdemeanor. 

Read More: What To Do If You Suspect Your Employer Is Cheating the Government

What To Do About a Previous Employer Giving Bad References

What can I do about my previous employer giving bad references? There is no law against giving a nasty reference based on facts. However, if you believe your previous employer is blacklisting you or making false or defamatory statements to slander you, you should speak with an employment law attorney.

An employment lawyer can help you understand defamation and what is and is not permitted under the law. They can investigate your claims, determine whether or not you have enough evidence to file a defamation lawsuit, and prepare you for the possible defenses to a defamation claim your employer might use.

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