Bad Employment Reference from Supervisor

[Wnduo]

Maryland - I did a favor for my brother. I posed as a prospective employer and phoned his old supervisor. I asked four questions; Date of employment, What was his position, What was his income in that position and Would you recommend him for an Accounting position. This was the response for the last question. "Have you contacted any of his former employers?" "You might want to contact other former employers." "There appears to be a pattern of working a couple of months and off a couple of months." "Understand what I'm saying."

While this isn't slander, it's definitely not good. Is there any legal recourse here?

 

[JETX]

No.
The reason is that none of the statements that you quote are specific negative comments.

And even if they were, the only one that has any
'specificitiy' to it ""There appears to be a pattern of working a couple of months and off a couple of months."

Does he have a pattern of "working a couple of months and off a couple of months"??? If so, then the truth is an ultimate defense against a defamation claim.

 

[cbg]

Despite what a great many people seem to believe, it is not illegal for an employer to give a negative reference as long as the information given is not factually untrue or given maliciously. If the information is factually true or the honest opinion of the employer, EVEN IF MISTAKEN, it is protected.