If you boss/supervisor gives bad reference about you, can you put a case against him in court?

awphotog

As long as the reference is factual then there is nothing you can do about it.
If they put their opinion and no facts then you can get it withdrawn.

a

Cari

No, you probably can't do anything about it.

Any reference provided has to be either factual, or if not then the person giving it has to make it clear that it is purely their opinion.

If neither of these were the case then you potentially talk to a lawyer about suing for damages, but unless you have a lot of time, effort and especially money to put into the case, it's unlikely that you'll get anywhere.

Sorry, but it is a complete myth that employers cannot give a bad reference and I will never understand why everyone believes that this is the case - if an employer feels that a bad reference is justified, then they are entitled to give it.

Judy

If they lied about you, then you might have a case. If what they said is true, you have no case.

ybird100

If it can be substantiated, ie you had poor timekeeping and they have records of it, then its a provable fact and you have no comeback. Anything bad they write has to be backed up by evidence, otherwise you have a case in court

Jo W

A former employer can certainly give a bad reference, whether in England or anywhere else! Whether it is advisable/justified to do so is another matter. Have a look at:
http://www.businesszone.co.uk/cgi-bin/item.cgi?id=164150&d=1095&h=1097&f=1096&dateformat=%25o%20%25B%20%25Y

rwa000

bad or good as long as it is the truth there is no case , the burden falls upon you to claim it was false

allardja

If they are lying about you, then you may be able to. It would probably be considered slander. However, if you got in a fight at work and they told that to the new employer, they're just telling the truth. It's a very fine line. Many employers no longer give references for that very reason. It's a sticky situation. You should call an employment lawyer in your state and ask the question. They'll probably help you over the phone and let you know if it's worth pursueing. Good luck!

jackie m

In the UK they used to be able to give personal opinion but a few years ago a new law passed that only enables them to answer a, b, c questions. 1. are they good time keepers. Y/N etc, they cant say Mary is not suitable for this job because she smells or has green hair. If they do anything like this you can take them to the Employment Tribunal www.acas.co.uk

craigcrashuk

in the uk an employer cannot give you a bad reference, they can decline to give one except for the bare fact which they are obligated to give ie Katie was employed as a receptionist from Feb to July, earning Â£xx per hour, from this a potential employer would deduce that they are effectively giving you a bad reference, but they cannot say ie Katie was an awful receptionist, rude surly and was a thief. If this has been the case I would contact ACAS and discuss the situation, you will need proof though. good luck

Mike C

if you are from england your boss cannot give a bad reference he can only refuse to give one.
if not don't know
you have a case if you can get a copy of his reference if not then it is your word against his.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: