Past job giving bad reference to potential employee?
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Past job giving bad reference to potential employee?
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I left a job about a year ago, it wasn't on the greatest of terms, but it was my decision to leave. I have applied for another position, but have heard from a potential employer that someone from that company is giving me a bad reference. (Because the potential employer knows someone at my last job). I am very angry because the reference I provided, gave great feedback, along with all of my other references. This person took it upon themselves to ask someone else they knew.
Is this legal... Is there anything I can do, since I don't know exactly who is saying these things?
Thanks for any help you can give.
Additional Details
To bdancer222 - i spoke to a lawyer today, and I do have rights, I can sue for slander, and defamation of character. Please don't give me legal advice unless you are a lawyer.
My previous employer also has a rule that no one is allowed to give references, all HR can do is verify that I worked there, and when, and if they find out someone has, they may loose their job.
There was no office drama, and I left on my own terms, please do not assume.
I can prove that this person prevented me from getting the position because the potential employer told me that's why I didn't get the job.
Any other poor advice?
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rwa000
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any lawyer will take your case if you pay up front, slander and defamation are difficult to prove and obviously if it the truth there is no case, |
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Chris S
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When you tell a new employer they can obtain a reference, they are getting the reference from the company, not the individual. If the person who provided the reference was authorized to give references by your prior employer, there is nothing you can do. This is why your potential employer did it, they wanted to make sure that they were receiving valid info. By using the one person you authorized, they were not guaranteed that the reference was legitimate,
Now the problem for the past employer is whether or not they can substantiate a bad reference. Just because you did not like one another is not a good reason for a bad reference. Most companies will only provide the dates you were employeed and job titles. It protects them from liability.
If you are turned down for the job, you can inquire as to why. You can also ask where they obtained the information. I do not know the value, as if you sue, it will be for the job. Do you want to start employment with a company where bad feelings already exist? All you can do is contact HR at the prior company and advise that an inaccurate reference was provided. |
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NAP BQ
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Well, if they are telling the truth, then they can give you a bad reference within certain guidelines of course. You may have to explain yourself to the new company as to why you got a bad reference. Otherwise, do not use a reference from that old company if you can avoid it. |
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bdancer222
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It is perfectly legal and there is nothing you can do about it. It was pretty smart of the potential employer to use a personal contact to inquire about you. They get better information that way.
Leaving on bad terms or some kind of office drama with former co-workers or employer could be very good reasons for not offering you a position.
Also, how would you prove that whatever this additional person said prevented you from being offered the new job? There are lots of very qualified people looking for jobs. Another applicant may have been a better fit. |
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Adult 
Gambling
Unfinished
Deception
Plagiarism
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