Legal to give a bad reference over the phone?

patrick

Absolutely legal, however not very bright. Most companies prohibit giving any reference, and only allow the verification of dates of employment and salary. that is because legally an employer can be held liable for slander, if the information is either not true, unprovable, or malicious. Since most oral references can not be verified, there is less of a chance of being able to prove those, however most companies still ban references.
You should address the issue when you interview. State "My current / previous employer is notorious for giving bad references. She feels betrayed when an employee leaves, and that is how she gets back at them. Feel free to call any of my co-workers, or former co-workers, and they will verify this, and also answer any questions you may have about my profiencies".

michr

yes an employer can give a bad reference and say negative things as long as they are TRUTHFUL. an employer can state their opinion as long as they state it as such. the laws are very clear and an employer can not be held liable unless they intentionally lie about a former employee. with that said if you want to use this reference then leave on good terms, be open and honest and discuss the situation prior to your leaving. get copies of performance reviews or evaluations, in some states it is required that the employer give you copies while in others it is an employer decision so ask now while everything is going smoothly. be open and honest with your employer and when the time comes for you to move on you should have no problems.

hide your true intentions, mislead your employer, quit with out a proper notice and the employer very well may make all those things known.
along with added information about the one time you were 5 minutes late, the weekend you were sick and called out of work or that one project that was finished a few hours late.

open honest communication is a great tool........when used!

Peggy I

When you leave, ask for a written reference, then if it is any good you can provide it in writing.

What do you want to bet she won't say anything nasty to your face (or on paper).

David E

Try and put someone else's information down. If you worked under a supervisor get their information instead. But no, it is not illegal. You could address the situation with the human resources team of your new job. They might ask for your current bosses info, but you could also get a character witness from someone else at the same company.

mailaccount63

TECHNICALLY employers aren't suppose to do this - but in reality, they do it all the time.

life_is_a_beach

in my state it it totally illegal to give a verbal negative reference. You must ask the person to send you a written request and indicate to them you will complete it and mail back to them.
Why someone would be so mean and unprofessional as to attempt to keep someone from getting a job is just awful. I hope you find a new employer as this boss sounds horrible.

dead can dance

they are not allowed to say anything negative about you. they clarify that yes you did indeed work there and whether or not if they would hire you back if applied for a position there again.

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