Can Your Former Employer Give You a Bad Reference?

Submitting an application and answering interview questions are just a few of the steps involved in landing a new job. Before hiring someone, many employers want to reach out to a candidate’s past employers to inquire about their performance and work ethic. But can a former employer give a bad reference that potentially affects your job prospects?

Discover the legality of negative employment references and what your previous employer can and cannot share. 

How Employment Attorneys in San Diego Support Workers at Every Career Stage

Whether someone is in the early stages of their career or nearing retirement, they may encounter employment law violations that lead them to consult an employment attorney in San Diego.

Say someone interviews for a job where the recruiter asks about their marital status, religious beliefs, or other personal details. If they divulge this information and the recruiter immediately dismisses them as a candidate, it could be considered a discriminatory hiring practice. 

Imagine an employee has been at their job for years without experiencing any unfair treatment. The business then hires a new supervisor who creates a hostile work environment due to repeated instances of sexual harassment. The worker could turn to an employment attorney in San Diego to help protect their rights. 

What Past Employers Can Say When Asked for References

Searching for a job can be stressful enough without worrying about a past employer sabotaging your experience. When a prospective employer asks for references, it’s easy to panic about what your previous employer may say, especially if you left a job on bad terms. Can a former employer give a bad reference?

State laws for references and statements given by former employers outline what they can and cannot say. In California, employers have “qualified privilege,” which permits them to provide truthful information about a job applicant’s past role and performance. This includes:

• Their dates of employment
• Their former job title and duties
• Details about their performance
• The reason for their departure

A past employer can also discuss someone’s hiring eligibility. 

The Legal Limitations of Employment References

Can a former employer give a bad reference about you? The answer depends on the nature of their statement. 

Suppose you were let go of a job for poor attendance and performance. If asked about your departure, your former employer has the right to share this information. Your prospective employer may decide not to hire you due to these details. As long as they provided truthful information in good faith, your previous employer may not be held liable for inhibiting your job search. 

Now imagine you left a job on good terms and had no major performance issues during your employment. When asked for a reference, your previous employer cannot:

• Offer false information
• Make accusations without sufficient evidence
• Provide details that violate a written agreement, such as a non-disparagement clause
• Make malicious comments about your character 

For instance, you may have voluntarily resigned from a job. If your past employer claims you were fired when asked for a reference, this would raise legal questions. 

Legal Options for Workers Impacted by False or Malicious References

Ask an attorney, “Can a former employer give a bad reference with malicious intent?” and they’ll likely tell you “no.” You may question an employer’s legal liability if their reference includes falsehoods or malicious statements. Sharing information that violates a written contract, such as a non-disparagement agreement, also raises concerns. 

What can you do in this situation? Talk to an attorney about pursuing a claim including a defamation claim. Depending on the information given to potential employers and its impact on your job prospects, you may be able to take legal action.

Suing for defamation also poses certain challenges, particularly when it comes to employment references. Applicants may not be denied a job strictly due to a past employer’s reference. If a prospective employer confirms it’s the reason for their rejection, they may not share exactly what was said. 

Contact D.Law To Understand Your Rights

Can a former employer give a bad reference? Our attorneys recognize the nuances of negative job references and when they cross the line. If you’re concerned about the information a former employer has given a prospective one, our team may be able to help. 

At D.Law, we’re committed to protecting workers’ rights. Whether you want to learn more about termination laws, lawful hiring practices, or other aspects of employment law, contact our firm. Discuss your concerns with a qualified attorney, who will then determine whether you have a case. 

To get started, give us a call at (818) 275-5799.