Accepted New Job - Now They Want References

[lilsister]

In NY. I just accepted a position for another company while still presently employed. I'm leaving my present job because the bosses treat us like crap. They want to spy on us, want us to stay late without compensation, etc.

The new job is sending me a letter stating their offer and my acceptance. I haven't received it yet. Now they want references and want the name of my present company - whom I haven't given official notice to yet. Isn't this a little backwards? Don't you usually check references first? My fear is my boss is mad at me for something and I don't think she will give me a good reference. Is it illegal to give a bad reference? If she does and the new company decides not to hire me, what legal recourse do I have towards the old company? Would I still qualify for unemployment if I willfully left a job for another and then that job offer fell through? Help!

 

[cbg]

There is no law dictating when, or if, references should be done. I will grant you that most companies do it pre-offer but there's nothing forbidding them from doing it in reverse and there are companies that do it that way. It's quite possible that when you get the offer letter it will say something like, "Subject to the completion of a successful reference check..."

Although most companies do not do reference checks with the applicants current employer, it is not illegal to do so. You certainly can request, when you send in the information they've requested, that they not contact your current employer, and I would recommend that you do so. They are not obligated to comply, but they certainly might. You have nothing to lose and everything to gain. Most employers will understand that you do not want your current employer finding out that you're leaving by this method, and I'm not sure I'd want to work for a company that didn't.

It is not illegal to give a bad reference. Your employer is entitled to give his or her honest views about your work. However, the operative word there is "honest". They do not have carte blanche to say whatever they want, true or not. They may not say anything that is factually untrue and they may not say anything that is intended to be misleading. The very large majority of companies, however, will give only dates of employment, title, sometimes salary and sometimes rehire status. Although this is not law, it's a strict company policy with a fair percentage of companies.

If the new job falls through and you can categorically trace the problem to your old company, you may have a cause of action but ONLY if you are prepared to prove that the reference they gave was FACTUALLY untrue or DELIBERATELY misleading. They don't have to be right; they only have to be honest. To give an extreme example: "She was stealing from us" is actionable (unless you really were stealing from them! ) "We believe she may have been dishonest" is probably not.

I don't know enough about NY unemployment laws to say whether you would be eligible or not if the new job falls through. In my state I can see it going either way.

 

[lilsister]

Thanks for the info. What is one allowed to take from a former employer. It is standard in my industry to take writing samples, contacts, rolodexes, etc. I have my rolodex from my first position. I just don't want to be told I'm stealing when I'm not. They are making us sign non-competes and there's a section that outlines what you can't take. Again, I've always taken my writing samples, etc. I haven't signed it. Could they say I took stuff and then sue me without proof - just their word?

 

[cbg]

I don't believe there are any laws specifying what you may and may not take. Without seeing a copy of the agreement, I wouldn't like to guess.