• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex Employer giving bad references.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

That1Chikk

Junior Member
I live in Michigan. My past employer is giving possible NEW employers a bad reference. I had a friend call him and pose as a prospective employer and ask him if he could give any additional information about me. He went on to state that I had several relationships with other employees that resulted in problems for his company. While I did engage in ONE relationship, that was well known by the owner, I was not fired for this reason and was not told that I was not allowed to date a co-worker. This relationship did not result in what he stated as "stalking, involving the police". This is a flat out lie. He's also stating that I left him "High and dry in the busiest month of the year". I had given my two weeks notice and was asked to stay long enough to train a new employee. I ended up not leaving until 3 months later, after said employee was trained. After she was trained and sent to another building, I did not return to work.

Do I have a case against him for slander? I have lost out on at least 3 jobs because of his bad and UNTRUTHFUL references.
 


Beth3

Senior Member
That depends on whether he is knowingly lying about you or is being negligent in his statements. It's possible from his point of view, he believes what he is saying is accurate. The burden of proof will be on you to (a) prove he's lying, and (b) that you lost out on these other jobs due to the reference he gave and not for any other reason.

Since this is a civil matter, you're going to have to consult with a local attorney for an expert opinion.
 

That1Chikk

Junior Member
Beth3 said:
That depends on whether he is knowingly lying about you or is being negligent in his statements. It's possible from his point of view, he believes what he is saying is accurate. The burden of proof will be on you to (a) prove he's lying, and (b) that you lost out on these other jobs due to the reference he gave and not for any other reason.

Since this is a civil matter, you're going to have to consult with a local attorney for an expert opinion.
He would HAVE to be knowingly lying. I've never had the cops called on me. He knows I gave my notice three months before I left, I have the printed out emails proving that, where he asks me to stay long enough to train a new employee and that my work ethic will be missed.

I have one employer that may make a statement, saying they couldn't hire me because of what he stated.
 

boonehead

Member
Yes you can sue him if he gave out false information or information they can not prove causing you to not be hired, if you can get the prospective employeer to state that he would not hire you due to the information given to him by your ex employer you have a very strong case.That is why many companies will only give out dates of employment and position held when contacted for reference otherwise they open themselves up for a lawsuit if they can not prove negative remarks with paperwork such as write ups and evaluations
 

cbg

I'm a Northern Girl
Whoa, let's back up a bit here.

It is not illegal to give a bad reference, It is only illegal to give an untrue reference. So not only is she going to need evidence that it was the former employer's reference that cost her the job, the burden of evidence is also on the employEE to prove that he was LYING, not mistaken, not offering a difference of opinion, not jumping to conclusions on the basis of incorrect information, but LYING. The employER doesn't have to prove diddly.
 

That1Chikk

Junior Member
So how do I go about proving that he's lying about the stalking and the police reports? There are no police reports against me from anyone at the company. I do, however have proof via printed out emails that I gave my notice to leave work 3 months before I left. In the email it says he hopes I "stay long enough to train a new employee, because good help is hard to find " and " we will really miss your work ethic ". Thus proving that he knows I was leaving employment with his company.


Does anyone have an idea to what I'm entited to if I can find a lawyer in my area to help me?
 

Beth3

Senior Member
That's something you need to discuss with an attorney. It depends upon the merits of your claim, the damages you can demonstrate that you suffered, and judgements/settlements in similar claims.
 

That1Chikk

Junior Member
I appreciate all your input. I'm having a problem finding a lawyer in my area that will handle these kinds of cases. I wanted to make sure I had good reason to seek one.

Thanks so much!
 

That1Chikk

Junior Member
One more question. Do you think it might be a good idea to write a letter to my ex-employer letting him know that I'm aware of the untruthful references he's been giving me and that I'm prepared to take legal action?

I have written him letters and called asking for my Employee records, and have had no response from him what-so-ever. Isn't this illegal as well?
 

cbg

I'm a Northern Girl
In your state you do have the right to see your employee file, but the law specifically EXCLUDES employment references. You have NO legal right to see your references. If you still want to see your employee file and he is refusing to allow you to see it, you can contact your state DOL.

I am nowhere near as certain as boonehead that you have a viable case here so I am reluctant to advise you to send a letter such as you describe.
 

That1Chikk

Junior Member
Is there a website somewhere out there that will enable me to print out laws regarding untruthful references, and exactly what this law is called?

I've searched everywhere for Michigan but came up with nothing.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top