Can your ex or current employer give you a bad /poor reference?

felonius_monkey

I just gave our management team an in-service on this based on existing laws.

Legally you can give a bad reference as long as you're truthful. However, if the ex-employee wants to get a lawyer and sue there's no guarantee the courts will find you innocent. If you get a reference request for a bad ex-employee you have to be very careful how to phrase your answers.

For example:

Employer: How did Jim perform in his last position?
You: Jim was receptive to the suggestions in his performance review.
Translation: We constantly had to tell Jim what to do.

Any smart employer knows how to read between the lines. Plus, if this ever got to court you could plausibly say you were complimenting Jim for being receptive to criticism.

H. A

You are correct in your question about an ex employer, however, many still do as the former employee hardly ever finds out what was actually given to the prospective new employer. If they want this information they have to fill out all kind of government disclosures and disclaimers, and then they may still not get the truth, as big companies try and make it hard to get this because they know somebody or some company is going to be sued. People sue for nothing and anything. As far as answers go you still did a great job in answering your own.

dwgamer82

Obviously the employer would give a bad reference if you were a bad employee. I don't know why that is a mystery to some people. Perhaps what people is worried about is that their employer would give them a bad reference even if they were good, but it is like you talked about - providing documentation to back up that reference. I think the best thing to do is not worry about it. I'd bet money that I get a bad reference from Target. I got fired because I walked out on them when they would not let me off work early for an educational conference. That hasn't kept me from getting other jobs. I check that I have been fired and I explain my side of the story. Frankly, if you were a tool and a screw-up you deserve a bad reference. Maybe it'll give that person a clue to not goof off and do things that they know is wrong.

luzmaria

I believe they can. As you said, everything has to be supported by documents/evidence so that the reference will not be construed as mere "hearsay." Otherwise, the employer may have to face a legal action for it.

â™¥ Miss E â™¥

They can't deliberately give a bad reference but they have to tell the truth, so if you have had a lot of time off and your new employee asks your ex employee that question, they have to tell the truth. But i'm unsure on your actual question, as you seem to have answered it already. Although, if you refuse I think that basically speaks for itself anyway.

Don

I don't believe it is illegal to give a bad reference, however you open yourself up to a possible law suit. So most employers simply say that the individual in question is "not eligible for rehire". That is as bad as you can get and still not be liable.

Elizabeth R

Sounds like you answered your own question. Its true.

Always pay it forward...
http://www.EarnSmarter.biz

Tom1999

I am fairly confident that if the information given was factual and provable then it could be given whether good or bad. However many employers will refuse to give a reference where an employee was considered unfit simply to avoid appearing biased (which could lead to legal challenge for defamation).

leysarob

Employers can provide any factual information, bad or good. They are also allowed to provide their opinions of an employee's performance as long as they state it's their opinion.

I've been giving references for 10 years -- I have cleared all this with our company attorney. If an employee was a bad employee I am honest about it to other employers. I have reported poor attendance, bad attitude, inability to get along with co-workers and supervisors, theft, etc.

The lesson is this -- don't be a bad employee!!!

Elsie.1912

Hi Helen.
I too have been told that it is illegal to give a bad reference, and you can compensate for that by refusing to give one. However maybe i'm wrong. Here is a link that should tell you all you know.

http://www.references-etc.com/zipping_the_lips_of_a_former_employer.html

Scott K

An employer is crazy to give a poor reference unless they have a binding pre-employment agreement stipulating that the employer may provide references and that such references might be considered to be detrimental. Otherwise, the employer should limit themselves to uninterpretable facts; e.g., Joe Blow worked for our company from june 1999 until may 2001; we don't provide detailed subjective references without written permission from the previous employee.

Likewise, an employer should consider asking prospective employees for their written permission to sign a document stating that they agree to have such subjective information to be obtained and reviewed prior to their employment.

My Grain

It IS ILLEGAL to give a bad reference-100%,they can only refuse a reference.Problem is that if they give a verbal reference over the phone there's no hard proof what's been said!

***ME***

Instead of giving a poor reference for someone, I simply say I will give you the dates they worked and rate of pay. Just because someone calls for a reference doesn't mean you have to answer their questions. If an employee was good, I will tell them. But otherwise I won't say anything about a bad employee.
I should also say not to trust all bad references. My former boss offered a co-worker better pay and more hours if she stayed instead of quitting. She quit any way because the new place had benefits. Our boss called her new employer and yelled at them for hiring her. Saying she quit when she had no reason too. Not joking. and then yelled at me for not forcing her to stay.

Wamibo

I think we have confusion in that some of the above answers are from USA and some from UK, where there are different employment laws. I can not comment on laws in the USA.

But as far as the UK is concerned my understanding is that it is no longer lawful for an employer to give a bad reference if that is merely an individual's opinion and this is the same whether the communication between ex employer and new prospective employer is in writing or verbally.

For example if an ex employer of mine said I was "lazy" and "untidy" that would be illegal because it is somebody's opinion not a provable fact. But if they stated that I was dismissed after disciplinaruy action had been taken against me for laziness in my work performance and failing to comply with company's dress code , that would be lawful. But the employer would need to be able to furnish proof in case I ever took them to court for defamation. So in practice employers would seldom give reasons but merely state the worker was "dismissed", which in itself would probably wreck my chances of getting another job with the new employer asking for a reference. Alternatively an employeer in the Uk has no legal entitlement to a referencre from his previous employer,even when failure to provide a referance may well lose the applicant the opportunity of a new job.

Also if I am dismissed after adherence to the laws on disciplinary hearings I could take my ex employer to an "unfair dismissals tribunal". If that Tribunal decided my dismissal was "unfair" then the employer could NOT state any of that. If the Tribunal decided my dismissal was not unfair then the ex employer could state that. But if after my dismissal I failed to take my employer to an unfair dimissals Tribunal, that would mean I accepted it, so it would be lawful for the employer to state that in his Report on me.

In practice however a private settlement can often be reached, off the record, such as "if you agree to resign rather than be dismissed, then we will not give you a bad reference that will stop you getting another job". In fact an employer may be only too delighted to pass off a bad worker to his competitor as well as getting rid of him themselves.

Mummy 2B DEC 10th !

its illegal to give a bad reference !!!
you either give a good one or not one at all !!

dam.pink

how many employers actually check references though?
but aye, they canae give you a bad 1.

Jay T (UK)

Employers can not give you a bad reference, although they can refuse to give you one and that in itself could give any new employer the wrong idea.

jackie m

Legally you can only give details of the persons work and time keeping, you cannot give your opinion. You are right when you say you are open to legal action - check with www.acas.co.uk the rules changed last year.

reenie162000

i think with references you can either give a good one or refuse to give a reference. But you can't give a bad reference and that goes for employers, landlords ext.

If an employer doesn't like you all they are required to do is just confirm the dates you worked for them, and in what capacity.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: