Navigating the job market is a stressful experience. You update your resume, polish your cover letter and prepare for interviews.
After you have a promising conversation with a potential new employer, you provide your references and cross your fingers. Then you hear nothing back. Could a former boss have given you a bad reference? What can you do to protect your professional reputation?
When a bad reference crosses the legal line
A former employer can give a bad reference, but they are limited to what they can say. The law grants employers “qualified privilege” when providing references. This means they are protected from liability as long as the information they share is:
- Truthful
- Given in good faith and not with malicious intent to harm your career
- Relevant to your job performance and the position you are seeking
An employer can share objective, verifiable information, such as dates of employment and job title. They can also offer opinions about your performance, provided those opinions are based on direct observation and facts.
A negative reference may be considered illegal if it crosses the line into defamation. Defamation is a false statement that damages the reputation of another person. Your former employer could defame you if:
- They made a false statement presented as fact to your prospective employer
- They knew the statement was false or didn’t care whether or not they told the truth
- Their statement caused you actual harm, such as the loss of a job offer
If you believe a negative reference from a former employer is harming your job prospects, you should contact the company’s human resources department and share your concerns. If the reference is false and damaging, you may have grounds for a defamation lawsuit. Discuss your situation with a legal representative. They can assess the strength of your case and guide you on the best course of action. A single opinion from a past employer shouldn’t derail your career.
