Are previous employers allowed to blacken your reputation when approached by a new employer for references?

Cornish Granny

Not in the Uk, it is illegal. However they can refuse to supply a reference for you which would make your new employer suspicious.

SmartA$$

It depends what you mean by "blacken"

Its only illegal if they lie. They can give an honest opinion about your work ethic and abilities, even if its negative. They can give factual negative information such as how many days you missed, how many times you were late, or why and how you left the company.

Its not illegal for them to give negative information, as long as its either factual, or their own opinion. Its only illegal if they give false information, for example if they said you were late X number of times, but they really had no record of you being late.

COLIN T

A lot of people seem to think that an ex-employer cannot give a 'bad' reference, that is not correct. Providing they stick to actual facts and with no malicious intent, they can give a bad reference if deserved.

In practice however, companies nowadays very very rarely give a 'bad' reference to save themselves the hassle of being sued. They know that they can stuff you just as well by giving nothing other than confirming that you worked for them from X date to Y date. A one sentance reference like this and bang goes another job opportunity.

ManuscriptRe

No. Unless you did something to blacken your own reputation such as steal company property or something. Then yes your former employer has every right to tell your new employer that. But they cannot make things up, that's called defamation and you can sue them for it. I say again: If you did something to blacken your own reputation, and they are simply saying what you did, they are doing nothing wrong. If they are making things up about you, they can be sued.

When giving references a previous employer has to tell the truth. It is a common misconception that a previous employer can't say anything bad about you. A lot of employers choose not to in case they leave themselves open to action, and will either not give a reference at all or just confirm dates of employment and position.

However, you may find that some reference requests will ask whether there is any disciplinary action on record - the company giving the reference can't lie and say no if there has. They may also be asked if they'd re-employ the candidate - again, they can't say yes if they wouldn't. If asked about the sickness record of someone who's been off half the year they can't lie about it. They can leave all these things blank, but thats as telling as answering them to a prospective employer.

rtfm

Well, they *are* allowed to tell the truth ...

Maybe if you could give us some details, we could provide a more helpful answer?

rwa000

if they are stating the truth and can be proven then they can say what they want, there are many uniformed here that believe otherwise, in today World employers have a duty to protect there employees and most will go to great lenghts to find out who they are hiring, employers do not wnt a person with chronic absenteeism, or a thief, of poor work habits.

Mel L

It is illegal for them to give you a bad reference. However, they can tell your potential employer the duration of your employment at your previous (or current).

Dave B

No they cannot give a bad reference, they can refuse to give one. They can say things on the phone, but that could still possible be liable?

me-inside

Most states are work at-will...so employers in order to avoid a slander lawsuit will only verify dates of employment, positions and rate of pay. Many will even refuse to say if you are rehirable since if HR says you are unrehirable that can be taken as a "he's a bad worker" scenario. Also, when asked for a manager's # on the app, I always give them HRs #. Also for references give the number to someone who liked you in the company..it doesn't have to be a manager.

soulieupnorth

No
Your previous employer can deny you a reference,However most employers will state the day you started and left

Spiny Norman

By law they are not able to say anything derogatory or libellous. You are entitled to take action against them if they do. It is what they don't say that usually causes the damage. They could say we have no wish to comment about this person, or other ambiguous remarks.

WAG

as far as i know they can only say when you worked for them,any certain problems (like no showing,stealing) but they can not say why you were fired or let go. can not give "personal opinions"

rennickelizabe

it is illegal to give a bad reference

KAMCO KING

no,

Tango

Yes they can behind closed doors but it is illegal if you find out that has happened. The previous employer can refuse to forward a reference, but if they do provide one it has to contain no malicious content.
I presume that this a UK question as the USA employment law may be different.

Katie S

nope they cant. you could take them to court! Even though recently i left my employment under bad terms, so found a new job, but then they got a ref from my employer and said it was unsatisfactory... so i wasnt aloud the job ( they told me a day before i should of started my job ) but i think mine was cos i got bullied by manager and took sick days so i wouldnt have to face them. and they made out to my new employer i took lots of time off, failed to mention it was because of them :(
But if there was someone in the company you trust you can ask them for a ref, it dnt have to be your manager :) good luck

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