Can you sue your employer and still use them as a reference?

michr

what are you suing for?

your employer or former employer can release work related information from your personnel file that is truthful. they can not lie about you but they CAN RELEASE DEROGATORY information as long as it is the truth.
they can not withhold information and then qualify that with the reason of pending litigation.
you are protected under retaliation laws for taking legal actions against your employer if the actions relate to a violation of criminal law or a violation of codes enforced by the department of labor, OSHA, EEOC, health department or any regulatory entity.

so yes you can sue an employer and use them as a reference and if they were wise they would be sure to not mention it. most likely they would only confirm employment dates and title which is all many employers release anyway due to their own policies.

Cat

Yes, you can.

But I don't know what an employer might say about an employee who sued them. Might not be that favorable a reference.

xxx000au

She was a wonderful worker. But we cant say any more than that, her lawyer has had us restricted until the case is over.

jxt299

Technically I suppose you could, but what kind of a recommendation do you honestly think they'd write if they had had to hire and then pay a lawyer to defend a suit you'd brought?

Jason

If I punch you in the face and steal your wallet can I call you the next week if I need a ride to airport?

Thats basically what you are asking

Chuckie O

Think this through.

You sue your previous employer. If that comes out in the interview, it is a huge negative. ("If he sued them, will he sue me?")

You want to use the person you sued as a reference? What do you think they might say?

Barry auh2o

When their answer is," we cannot comment because of pending litigation" as far as your prospective new employer is concerned, you're dead!

guardianangel

If you have a valid reason to sue your employer than yes, you may and should list them as a reference.

Under state laws (dependent upon the state) and federal laws and employer can not retaliate against you for exercising your legal right to take action against an employer for violating their policies, state laws, or federal laws.

In addition, an employer (if they are wise) should only verify your dates of employment, position held, and ending salary. If they disclose rehire status or any derogatory information that prohibits you from gaining further employment and you can prove it, they are in violation of state and federal employment laws. There are two ways that you can prove if a former employer is giving you a poor reference which is prohibiting you from obtaining future employment. One you can ask prospective employers if they declined hiring you as an employee based on your previous employers reference. Just to let you know, most prospective employers will not divuldge this information. However, the next tactic is more solid, you can have a friend who is professional call your previous employer to verify your previous employment and receive a reference from them. This individual should document the information that they obtained from your previous employer. This will hold weight in court that your previous employer is purposly retaliating against you for exercising your rights.

I hope this information has answered your question, if you require further clarification or wish to discuss your case further, please feel free to contact me via email or if you prefer list additional details under your question and I will be more than happy to clarify and be more detailed in answering your questions.

Best wishes.

googie

If you really think the question through, do you really expect a favorable comment from any of us? If you were a former employee of mine I would recommend " Not a trustworthy employee ".

springchic

yes, you can.
but it would probably be somewhat foolish.

Zee

I am going to assume that you are asking whether you can list this employer on an application form so that your employment with them can be verified especially if you have longevity with them at a reasonably good job position. Legally speaking, employment verification should only address your employment start and end date, your last salary and position. I wouldn't list this employer as a reference as there might be animosity. Listing an employer for employment verification and reference is two different things. Reference go into character, job performance, etc. Good luck.

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