What can I do if my former employer gives a bad reference?
Asked by: Ethelyn Reinger | Last update: August 21, 2025Score: 4.4/5 (71 votes)
“If you are concerned about the information being given by your former employer, consider writing a letter to the company or the person giving the bad reference, advise them of their potential liability to you and request that they limit their remarks about you in the future.
What if my previous employer is giving me a bad reference?
If the previous employer continues to give bad references which are defamatory, you can sue the employer for damages and/or you can file a civil lawsuit known as an injunction to restrain the employer from making future references in this light. A letter from a local attorney may also help to stop the conduct.
Can you sue a former employer for a bad reference?
quick answer is yes! You can file a lawsuit against your former employer for giving out negative references about you. You can potentially sue for defamation.
Can I dispute a bad reference?
Technically, if references confirm anything beyond that you worked there and it results in negative publicity, you can sue them for slander or libel. It all depends on how the comments were transmitted (in verbally or written in an email or text).
What to do if your current employer gives you a bad reference?
Leave it alone and just move on. Don't bring your rejection up with the manager. Don't report it to HR because being a bad reference isn't a violation of anything. Move on and look for someone else who can advocate for you.
When You Find Out An Ex Employer Is Giving A Bad Reference On You 🤬🤬🤬🤬
Can you get in trouble for giving a bad reference?
In short, no. It is completely legal to give a bad reference as an employer to former employees.
How to find out if a previous employer is slandering you?
You can also use a reference checker to find out if a former employer is only telling the facts, or if he or she is lying or exaggerating to the point that it can be considered defamation. Before you use a reference checking service, try to find out your old company's reference policy.
Can a previous employer disclose why you left?
Key Takeaways
Companies are usually cautious about what information they provide, but you shouldn't presume that your former employer won't disclose the reason why your job ended. If you have negative employer references, try to get positive ones from other sources.
Is it unprofessional to give a bad reference?
It's completely legal to give a bad reference as an employer to former employees as long as it's fair and truthful. A reference cannot ever be misleading, inaccurate, or discriminatory. Writing a review also isn't an obligation, and the employer can decide against giving a reference.
Can a former employer slander you?
Although the United States Congress has not passed any laws that restrict what a former employer says about a worker, any employer that makes false statements that damages a former worker's career has committed defamation of character.
Can a former employer badmouth you?
Are there legal ramifications for badmouthing a former employee? If a former employer is accurate and factual in their reference, they are within their legal rights to disclose that information. However, if they're giving out false information, you should see an employment lawyer.
What can legally be said in a reference check?
Factual Information Only
These employers will provide only basic factual information about former employees such as dates of employment, position title, last salary, and eligibility for re-hire. The company may or may not require a waiver to release this information.
How to find out if a former employer is blackballing you?
Contact Former Employers or HR Departments.
If you suspect you've been blacklisted, one of the most direct approaches is to reach out to previous employers.
What can former employers legally say about me?
There are no federal laws restricting what an employer can or cannot say about a former employee. That being said, some employers are extremely cautious about what they do and don't say to minimize their liability in the event of a lawsuit.
What is an example of a bad reference?
Employee Relations: “She purposely caused havoc in the office with her gossip.” Financial Skills: “Well, that's why our company had a major layoff – left her in charge of finances!” Interpersonal Relations: “He's not the type to go knock on doors and talk with people.” Leadership: “He had no leadership skills.”
What to do if your employer lies about you?
Answer: You may be able to sue your former employer for defamation of character. Defamation is where someone makes knowingly false statements, or makes false statements with reckless disregard as to their truth. The statements must be factual statements as opposed to opinion.
What to do when your previous employer gives you a bad reference?
“If you are concerned about the information being given by your former employer, consider writing a letter to the company or the person giving the bad reference, advise them of their potential liability to you and request that they limit their remarks about you in the future.
Can you lose a job offer because of a bad reference?
If a reference comes back and is considered unsatisfactory, the job offer might be withdrawn and lead to your dismissal. If you think the reference was misleading, inaccurate or discriminatory, you might be able to take legal action.
Will one bad reference ruin my career?
If you believe you didn't perform according to the standards set by your employer during your time working for them, it might be best to forgo a reference. Negative references not only damage your chances of getting the next role you apply for, but they can also have a long-standing impact on your professional brand.
Can my previous employer tell other employers not to hire me?
- While an employer might not directly tell others not to hire you, negative comments or a bad reference could potentially have a negative impact on your job search. It's important to note that the specifics can vary depending on local labor laws, company policies, and individual circumstances.
Can a reference say you got fired?
must be fair and accurate – and can include details about your performance and if you were sacked. can be brief – such as job title, salary and when you were employed.
Can my old job say I was fired?
Can an Employer Say You Were Fired? The answer is “yes.” A potential employer might conduct a reference check with previous employers to verify that you worked for them within the dates included on your resume. While a previous employer can legally disclose that you've been fired, it doesn't always mean they will.
Can I sue my employer for ruining my reputation?
It depends. If an employer or supervisor simply provided an opinion on your job performance in your files, you would not be able to sue for a ruined reputation. However, if your files contain wrong and injurious statements, you could potentially sue an employer.
Can I find out who gave me a bad reference?
To find out how your reference discussed your history, you can have others help you. A friend or former colleague can call your former employer and ask them to provide a reference, then let you know what they say. There are also professional reference-checking firms that can do this for you.
How do I sue my former employer for defamation?
- Someone at least negligently makes a false factual statement about you.
- The statement harms your reputation (sometimes courts presume harm)
- The statement is not privileged (meaning they didn't have a legal right to make it)