I heard that it is illegal for an ex-employer to give a bad reference. Is this true, and can someone tell me which law makes it true?
by 
Anonymous
ANSWERS: 16
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http://www.references-etc.com/zipping_the_lips_of_a_former_employer.html I heard it was illegal too, my ex employer was not a very nice man and i feared he would give me a bad reference. He didn't which was shocking. But it is considered slander to pull someone's name through the mud unless it is factual.
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i wish there was a law against listing these people in employment history, as every company i have ever quit from starts to hate... but it looks worse not to list them... a catch 22 if you ask me
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They are not allowed to give you a bad reference but they can refuse to give you one, which more or less says you were bad at your job.
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The employer can be sufficiently non-committal about your employment to tip off an inquiring company that it would be better off not hiring you.
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Well, the fact is, the new potential employer calls up your previous employer and asks a series of questions. Although your previous employer cannot give a "BAD reference, they arent expected to lie, either.... SO they can simply say yes, no, or refuse to answer certain questions. All the while, if your potential employer isn't an idiot, then they should still pick up on clues. SOOOO be the best you can be NO MATTER WHERE YOU WORK! It will pay off in he future!
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An employer is under no legal obligation to give a former employee a job reference at all. However, if they do give a reference, they are under a legal duty to give an accurate reference. If an employer gives an inaccurate or negligent job reference, the employee can sue their former employer to recover damages. This claim is brought in the County Court NOT the Employment Tribunal. The former employee must have suffered loss ie. they failed to get a job because of the bad reference and lose the income that job would have provided. Basically they can't say bad stuff about you to cost you a job unless they can fully back up what they have said. I.e reports of warnings and disaplinary (can't spell it)
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in the U.K. it is true an ex employer has to refuse to give a referance rather than give a bad referance or he/she can be taken to court
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The last company I worked for, a major British bank, would only ever give a reference that said something like "this person worked here from this date to that date", presumably in an attempt to cover their arses should the ex-employee feel aggrieved by what was said.
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I've heard this too and could never really understand why an employer is not allowed to give truthful information? If someone sucks at their job, why shouldn't you be able to say so? My last employer would only give dates of employment. Would not even answer the question, "Would you hire this person again?" I am googling this to see if I can find some kind of reference. You got me wondering. **** This is all I could find regarding employment laws about this subject in my state: References A previous employer is free to provide any non-confidential information about a previous employee, as long as it's true and isn't provided to maliciously harm the employee. An employer, who provides false information that disparages the employee, may be liable for defamation. In order to avoid potential liability, many employers often refuse to comment on a past employee's job performance and confirm only dates of hire and separation, plus wage or salary information. http://research.lawyers.com/Maine/Employment-Law-in-Maine.html
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It is not illegal to give a negative reference if the information is true. However, if a bad reference is given, the info is false or misleader, and the person subsequently does not get the job, s/he could potentially sue for damages (think slander/libel).
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they aren't suppose to give a bad reference about the ex-employee, unless they were fired for stealing and were terrible workers. but any falsification, the employer can be sued.
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Most companies, to protect themselves from retaliator law suits, only give comfirmation of start and end dates of employment and final salary. Some will add reason for termination, but, this is usually restricted to "Terminated," "Job Eliminated," or "Self-Terminated" (fired, laid-off or quit) and no other details. I don't know of any specific laws about this, but, if they exist, they are most likely state or local regulations. I really think this is just a corporate CYA.
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Companies can be sued if they give out details over and above the basic "they worked here xx years". This is due to privicy concerns and not being albe to tell who's on the other end of the telephone. I beleive most big companies adhere to this. However, there really is no way to prove they don't, since prospective employers rarely will state why you weren't hired.
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It's not illegal, but smart employers will not give you a reference, good or bad. If they do say anything, it will only be the dates your were employed, nothing more.
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i heard of that but i wonder if my old job aint giving me a bad reference since i cant get another job
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You heard wrong. At best they will give a small cursory reference stating your employment dates and duties. It serves them no purpose to give out bad references unless criminal actions were done and need to be disclosed.
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