Bad references - need advice

[ghteacher]

What is the name of your state (only U.S. law)? AZ
>> I feel I have been the victim of some bad references from
>> previous educational employers. I am considering consulting
>> a lawyer and having ceast and desist letters sent to them
>> in hopes they will back down in light of potential legal
>> action. I am interested if anyone else has dealt with
>> similar circumstance and what advice they can provide.

 

[jsmith416]

Are the bad references accurate?

 

[pattytx]

Or could they be deemed to be the honestly held opinion of the provider?

 

[cyjeff]

What the above posters are trying to show you is that you can't stop someone from utilizing their first amendment right to free speech just because it is mean to you.

I will put it to you this way. You worked for me. You stole from me and I thought you smelled like cheese.

I can absolutely tell anyone that asks for a reference that you stole from me (fact) and that I think you smell like cheese (opinion).

There is a long held myth that says that former employers can only state your date of hire, date of dismissal and salary. That would be incorrect. Your former employer can take the reference caller out to lunch and tell stories about you if they wish... as long as the stories are true, genuinely thought to be true or the former employer's opinion.

 

[eerelations]

To elaborate on my esteemed colleagues' statements, it is perfectly legal for an employer to say anything it wants about former employees as long as what it says is true, or it believes it to be true.

Since reputable attorneys will only send cease and desist letters if they feel the potential recipients of such letters are doing something that might be illegal, if what your former employer is saying is true, then you may experience difficulties obtaining a cease and desist letter.

If, however, what your former employer is saying is not true, then a cease and desist letter might be a good tactic.

 

[cyjeff]

One more point...

It is also completely legal for your former employer to say, "X sent me a cease and desist letter to try to keep me from telling you THIS...."

Then, you seem not only like a bad employee but a sue dog.