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References for employment

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brandy9630

Junior Member
Hello,

I was terminated about 2 months ago for a bogus reason. I am collecting unemployment while i'm searching for employment. My concern is this... my old boss is giving me bad references when new companies I am applying to call to verify employment. Are they allowed to give negative references or are they only allowed to verify the dates of employment and wages? I need help with this because I've never had a problem getting a job before. If this is against the law, which I believe it is, I need to know what I can do about it. Seems that if someone gives negative references and that company doesn't hire you, they are taking away your right to work and survive. I would appreciate any advice.

Thanks,
Michelle
 


ENASNI

Senior Member
brandy9630 said:
Hello,

I was terminated about 2 months ago for a bogus reason. I am collecting unemployment while i'm searching for employment. My concern is this... my old boss is giving me bad references when new companies I am applying to call to verify employment. Are they allowed to give negative references or are they only allowed to verify the dates of employment and wages? I need help with this because I've never had a problem getting a job before. If this is against the law, which I believe it is, I need to know what I can do about it. Seems that if someone gives negative references and that company doesn't hire you, they are taking away your right to work and survive. I would appreciate any advice.

Thanks,
Michelle
Please state the State.

however, I believe when the "big guns" are not so busy they will back me up.

Everyone seems to believe it is law that employers can only give out dates of employment and wages. However that is usually just what the company itself has adopted as their own policy.

I do not believe what your ex-employer is doing is illegal, slimey and unjust, but not illegal.

But wait for the big guns, cbg, Beth, patty or mlane...
 

cbg

I'm a Northern Girl
There is ABSOLUTELY NO LAW IN ANY STATE that requires an employer to limit themselves to confirming dates of employment.

If the employer honestly believes that a negative reference is due, then they may legally give a negative reference. In fact, contrary to what Brandy suggests, there are some situations in which they could be held legally liable for NOT giving a negative reference when one is justified.

They are not permitted to say anything that they know to be untrue, or to say anything in such a way that it is deliberately misleading. But the common misconception that an employer can never say anything about your work or work habits is absolutely false.

Are you not getting called for interviews? Or are you being interviewed and then not getting the job? If the first, it is practically a 100% guarantee that your former employer has nothing whatsoever to do with it. Employers do not have the time or resources to call for references on everyone who applies; they do not call for references until they have completed their interview and decided who are their top candidates.
 

mlane58

Senior Member
Just to add that most states have or are adopting an Employer Reference Immunity statute that will shield an employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, may not be held civilly liable for the disclosure or the consequences of providing the information.

I agree with cbg that employers are not going to do a background or reference check on anyone they haven't made an offer to---way too costly and time prohibited.
 

brandy9630

Junior Member
I'm sorry..the state is PA. While I don't disagree with what you are saying, about how they can give negative remarks, I was not fired for theft or anything serious like that. the month before i was terminated they were talking promotion. 2 days before i was terminated i got into a little disagreement with my boss over scheduling hours. he sat there 2 days before and told me that my job performance was excellent. So I didn't get terminated for job performance. He told this other employee that he was giving bad references because he wants to make it tough for us to get a job. He was proud of this.
 

cbg

I'm a Northern Girl
The state does not matter. NO state prohibits giving information over and above confirming dates of employment.

You didn't answer my question. Are you not getting called for interviews, or are you getting interviewed and then not getting a job?
 

rlrl

Member
It depends

If you repeatedly came to work late or if you didn't get your job duties done in a timely or satisfactory way and it could be proven or you were given repeated written reminders, it may be a reason to give you a bad reference. Or not a "bad reference" but an honest appraisal of that part of your work performance.

If you really want to know what your former employer is saying about you, there are reference checking companies that will check your job references on your behalf. They charge you a fee(somewhere between $40 and $100) for calling your former employer and disguising thmselves as being the personnel dept from company X. they do it discreetly and you can tailor your questions to be as detailed as you want (probably costs more). They then record the results of what your former employer said about you and who said it.

To locate these services try typing in "reference checking companies" into a search engine and you should get a series of sites you can try to locate these services.

Hope this helps

RL
 

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