Sacked for theft without proof... can my employer give me a bad reference?

JerZey

As far as I know, your employer can only confirm the dates you worked. They cannot discuss why you left, legally.
Now, other people who know you might try to ruin your chances at a new job, by telling your prospective new boss about the supposed theft. That will depend on the person, as to whether or not, the prospective boss will listen to them or not.
I think you can sue for liable if your old boss mentions the supposed theft. check with a lawyer to be sure, and it will be hard to prove.
However, the supposed theft, might be in your records. Do you have someone who can check that out for you? were you arrested? There would be a police report that would show up in a background check...
I would assume the reference would not be helpful... they might say you didn't work out. I would not use them as a reference unless I HAD to... maybe a career counsellor would be able to help you with that.

Expert Realtor

If they were able to prove it and charge you criminally, then yes, they could tell a future employer.

But since it was suspicion and not hard-core proof, the company would be setting themselves up for a lawsuit if they shared that information.

It is a MYTH that they can only disclose dates of employment only.

PS: A great piece of advice for you: Have you ever checked your own references as if you were an employer? That is the easiest way to find out if a former employer is bashing you.

Edward

Legally no. However, employers can say a lot, without saying a word. Tone of voice, inflections, they say volumes without say a bad thing.
Legally: dates of hire and termination, starting and ending salary, are you rehire able, and if so would you rehire. That last one counts.
Suspicion of theft is a big NO-No. If, your former employer even hints at it, they're open for huge liability.
99 times out of 100, they have no emotional stake in you. If, they weren't taking it personally, don't worry about it. It's not worth their risk to stick it to you.
And, I am an employer. It's nothing personal, just business.

TaxGurl

They are allowed to say the dates you worked there, the salary you made, and whether or not you are rehireable. If they say, you are not rehireable, that usually means they fired you or you quit on bad terms.

I got fired from my last job and everyone knew it was politically motivated. I had exposed a lot of issues to upper management and they wanted to get me out of the way. I had a friend call from his office as a potential employer about a week later and the store manager talked to him for half an hour. It was a glowing reference but still way beyond the boundaries of the dates, salary, and rehireable.

You shouldn't have to tell them the details of why you left. You can just say that it wasn't the right job for you.

Depending on the type of job you are looking for, they may not even check references. Many employers know that they won't get much in a reference check so if you make a good enough impression in the interview, they won't bother with the references.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: