What are you not allowed to say in a reference?

Asked by: Pablo Cruickshank  |  Last update: March 3, 2026
Score: 4.4/5 (75 votes)

It seems like the answer options are missing from your query. Generally, the type of person who should not be listed as a reference for a job application is a family member or close friend.

What are references legally allowed to say?

A reference can legally share unfavorable opinions if they are truthful and not discriminatory or malicious. However, a reference may cross into unlawful territory if their comments involve: Defamation (false statements presented as fact) Discrimination (based on protected characteristics)

Can you say bad things in a reference?

If you're given a bad reference by your previous employer: Know your legal rights: While employers are permitted to share negative insights into an employee, they can only do so when their statement is fair and accurate.

Are you allowed to give a bad reference in Canada?

The Simple Answer. Yes, bad references are legal under the Ontario Employment Standards Act. But there is still some legal risk to writing negative references depending on the context, so it's worth reading into the nuances and cross-checking with previous Canadian legal cases.

Can I lose a job offer because of reference?

Yes, a job offer can absolutely be withdrawn due to a poor or unsatisfactory reference check, especially if the offer was conditional on references, but it can also happen with unconditional offers if new negative information arises, as negative feedback on work ethic, skills, or discrepancies in information raises red flags for the employer. Companies often rescind offers after bad references, discovering falsified info, or if the reference reveals the candidate isn't a good fit. 

You Have Been Asked to Provide REFERENCES, Now What?

18 related questions found

What is the 3 month rule in a job?

The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI). 

Can a job reference hurt my chances?

Some former employers aren't willing to leave the past in the past and send references that hurt your chances and can cost you career advancements. For cases like this, a more proactive approach to a professional reference list is needed.

What can and can't you say in a reference?

All details about the person, their role or performance must be fair and accurate. If opinions are provided, there should be evidence to support the opinion. For example, if someone's performance record shows they need to improve in a few areas, the reference should not say they excelled at the job.

What is the 3 hour rule in Canada?

Thus, if the employee performs no work, or works for less than 3 hours, he must still receive 3 hours pay at the regular rate of wages; however, if the employee works for more than 3 hours, then he will be paid for each and every hour worked.

What is the 7 second rule in resume?

The "7-second resume rule" means recruiters scan resumes in about 7 seconds to decide if a candidate is a potential fit, looking for key info like skills, keywords, and achievements, often through an Applicant Tracking System (ATS) first. To pass this quick test, your resume needs clear formatting, a strong summary, quantifiable achievements with action verbs, relevant keywords, and to be tailored for the specific job, making it easy to spot your value quickly.
 

Can a previous employer disclose why you left?

Don't presume that your former employer won't disclose the reason why your job ended. Large companies typically have policies regarding the disclosure of former employee information, but may not. Many smaller employers don't have a policy at all or aren't aware of or concerned about legal liability issues.

Can my current employer give me a bad reference?

Yes, but only if it's justifiable. Some people wrongly believe that employers can't give a bad reference. That's not the case. Employers can give you a bad reference if they have evidence of poor performance or negligence.

Can I be sued for giving a bad reference?

If you aren't hired because of a bad reference, you may have a legal claim against your former employer. The most common is for defamation. Defamation occurs when someone makes an intentional false statement that causes another person injury.

Can a job offer be withdrawn because of references?

Yes, a job offer can absolutely be withdrawn due to a poor or unsatisfactory reference check, especially if the offer was conditional on references, but it can also happen with unconditional offers if new negative information arises, as negative feedback on work ethic, skills, or discrepancies in information raises red flags for the employer. Companies often rescind offers after bad references, discovering falsified info, or if the reference reveals the candidate isn't a good fit. 

What is the 70 rule of hiring?

The 70% rule of hiring is a guideline suggesting you should apply for jobs or hire candidates if they meet about 70% of the listed requirements, focusing on trainable skills and potential rather than a perfect match, which often leads to better hires by bringing fresh perspectives and fostering growth, while also preventing paralysis by analysis for both applicants and recruiters. It encourages focusing on core competencies, transferable skills, and a candidate's eagerness to learn the remaining 30%. 

Who cannot be used as a reference?

You should not use family, close friends, or anyone you had a negative relationship with as a professional reference, as they lack objectivity; also avoid anyone unfamiliar with your work, unreliable people, or someone who hasn't agreed to be contacted, as these choices can seem biased or unprofessional and won't effectively vouch for your skills. 

What is the 8/44 rule?

The Basic 8/44 rule

Overtime is all hours worked in excess of 8 hours a day, or 44 hours a week, whichever is greater.

What is the longest shift you can legally work in Canada?

Basic rules

  • An employee may work a maximum of 12 hours a day unless an exception occurs.
  • An employee is entitled to one 30-minute paid or unpaid break after the first 5 hours of work for shifts that are between 5 and 10 hours long.
  • For shifts 10 hours or longer, an employee is entitled to two 30-minute breaks.

Can an employer make you pay for a uniform?

Under California Labor Code 2802, an employer must reimburse the employee for “all necessary expenditures and losses.” If an employer requires an employee to wear a uniform, the employer must pay for the cost of the uniform. If an employee did purchase the uniform, the employer must reimburse the employee.

What counts as a bad reference?

A bad reference usually comes in the form of a full reference, where the employer states elements of employment such as: Character traits of the employee that were relevant to their workplace. Disciplinary actions that were processed against the employee. If the employee was dismissed (and why they were dismissed)

What are three examples of strong references?

Three excellent examples of good references are a past supervisor, a professor/mentor, and a client/vendor, as they offer professional insight into your skills, work ethic, and character from different perspectives, while avoiding personal ties like family or friends. 

What is the biggest red flag to hear when being interviewed?

The biggest red flags in an interview involve toxic culture indicators like an interviewer badmouthing former employees, being rude or disrespectful (distracted, interrupting, condescending), or showing a lack of transparency about the role or company, often signaled by vague answers, high turnover, or pressure to accept quickly; these suggest a poor environment where you won't be valued or supported.
 

What questions are illegal for reference checks?

Essentially, federal laws for the legality of reference checks assume that it is illegal for an employer to give a negative or false employment reference (or to refuse a reference) based upon an applicant's ethnicity, race, religion, sex, gender identity, sexual orientation, pregnancy status, national origin, age (40 ...

Can I see references written about me?

There is no obligation on an organisation to keep information relating to 'potential employees' and you may find that they no longer have it. To request a copy of your reference, you will need to make a subject access request in writing to your new employer.

What are good signs you'll get the job?

Good signs you'll get the job include the interview running long, discussing perks/salary, positive body language, asking about your start date/availability, introducing you to the team, and a clear follow-up timeline; these show the interviewer is picturing you in the role and "selling" the job to you.