My Employer Is Giving Me A Bad Reference, What Should I Do?

“What can I do? My former employer is giving me a bad reference. That has to be unlawful, right? I want to learn about suing my employer for defamation.” We often field calls like the above from worried employees. As a result, we recently blogged on the Maryland law on defamation and false employer references. We explained that nothing in Maryland law prevents an employer from providing a reference and that a false reference does not automatically equal defamation under Maryland law or the law in any other State. This article deals, first, with what an employee can do to prevent a former employer from providing a false reference statement and, second, what to do if the former employer has made or is making false reference statements. Prevent False Employer Reference Responses The best way to guard against a false reference is to think and act ahead of time. Some possible steps to take:

1. Before leaving your job, talk to your Human Resources Department or boss and find out if your employer has a reference policy;
2. If your employer does not have a reference policy limiting what it says, be prepared to explain to your employer why you deserve at least a satisfactory, if not, a positive reference – point out positive attributes of your work such as good attendance, achievements, and going beyond the call of duty;
3. If you are concerned that your employer may give you a bad or false reference, ask that the employer provide only your dates of employment and position held and state that the employer’s policy prohibits the release of any other information; and
4. If you know or sense that your employer will provide a bad or false reference, consider hiring a lawyer to write a letter to the employer cautioning it against providing you a bad reference – this should be the option of last resort, since this likely will result in the employer not responding at all to a reference inquiry.

Dealing With False References If you know that your former employer is providing a negative of false reference, steps to consider taking:

1. Find out what the employer is saying which may be difficult because most prospective employers are reluctant to get disclose what another employer fearing involvement in a lawsuit;
2. There are numerous on-line companies that will pose as a prospective employer and try to get a reference response from your former employer –  simply search “reference checks for employees” – or hire your own private investigator to do the same;
3. Consider hiring a competent lawyer to do the letter thing to try to prevent the employer from making the bad reference; and
4. Be prepared to explain to the employer why your former is not providing a positive reference

Lebau & Neuworth employment law attorneys stand ready to assist you in dealing with any reference issues you may have.