can a former employer volunteer a bad reference?

[mydimension]

What is the name of your state? Massachusetts

I recently learned that my former employer volunteered a bad reference to a prospective employer. At this time I have not been asked for references, nor have I given any to this prospective employer. My former boss, on his own initiative sought out and provided a bad reference to this group I am interviewing with. The challenging part is that this bad reference does not contain any falsehoods. I did leave the company on bad terms and I probably deserve the bad reference. But if/when this future group asks for references, my former employer would not be in that list and their would be not need for the two parties to talk. Chances are good that this will seriously hurt my chances of getting this new job.

My questions are: Does my former employer have the legal right to do what he did? Do I have any grounds for legal recourse?

My desire is to have my former boss retract his comments as an emotional outburst, because that is truly what it is. But before I embark down that road, I'd like to know what leverage I have.

 

[mlane58]

My questions are: Does my former employer have the legal right to do what he did?

Yes and as you stated there were no falsehoods about the reference.

Do I have any grounds for legal recourse?

No since nothing you're former employer did was illegal and again you admit that everything he said was true.

'd like to know what leverage I have.

None

 

[mydimension]

That is about what I thought. It sounds like this is just a personal issue between me and my former boss. Though he may be legally in his right, I still think what he did is morally wrong.

Thanks for your quick repsonse mlane.

 

[HomeGuru]

That is about what I thought. It sounds like this is just a personal issue between me and my former boss. Though he may be legally in his right, I still think what he did is morally wrong.

Thanks for your quick repsonse mlane.

**A: you stated it correctly.

 

[goodboy]

I'm in Ohio, and this very same thing happened to me yesterday. I am a professional retail salesperson, and my former employer contacted another retail store 2 hours away from where I live and defamed me by claiming I was getting commissions from clients on the back end of the deal for giving them a better price. They have no evidence or proof of any kind that I did anything like that, yet he's contacted at least 5 other stores in the area in an attempt to keep me from earning a living.

 

[badapple40]

I'm in Ohio, and this very same thing happened to me yesterday. I am a professional retail salesperson, and my former employer contacted another retail store 2 hours away from where I live and defamed me by claiming I was getting commissions from clients on the back end of the deal for giving them a better price. They have no evidence or proof of any kind that I did anything like that, yet he's contacted at least 5 other stores in the area in an attempt to keep me from earning a living.

In your case, I'd say you have a case. Why? Because it is false. Keep in mind, YOU will have the burden of proving it is false in court. Do you have such proof?

 

[mydimension]

It would be one thing if you had actually instructed these other stores to contact your previous employer, but there has to be something people can do when a vindictive ex-boss takes it apon themselves to spread word about you. I would never instruct someone to contact my ex-boss for a reference cause I know what he will say. So why then do I have no recourse when he takes it apon himself to make sure a future employment opportunity is ruined. I need the fresh start after working with this guy, but that now looks to be prolonged because of his actions.

I'm more just ranting more than anything else cause I currently have no other outlet.

 

[stephenk]

How did your former boss know who you were interviewing with?

 

[mydimension]

My former boss and I are/were really close friends, even before I started working for him. The person that I am interviewing with is also a good friend of mine. My former boss knows him as well. In essence, we all know each other.

The company I was working for was a small start up company that had lasted for three years but in my opinion was going down hill. My former boss and I mutually agreed that I should keep my options open. Being friends I let him know about a possible opportunity coming up with this other company.

So on Tuesday, after neglecting to do something (which unfortunately is a bad habit of mine) he blows up in my face and says my involvement with the company is over. Not even an hour later he calls and tells me that he has called my other friend at this other company and gave me a very non-endorsing reference. He actually told him to "be cautious" of me. At this point in the process of interviewing with this other company, I had not yet been asked for references. My former boss just simply sold me down the river because he was upset.

Bit of a long winded answer to your question, but it is quite literally a long story. There are a few other elements I have left out but this is the jist of it. I realize I have no real legal recourse here but any personal advice anyone thinks might be useful would be very much welcome.