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Am I able to file a civil claim against a former employer for a negative job reference?

Am I able to file a civil claim against a former employer for a negative job reference?

Q: What can a previous employer say in a reference?

A previous employer can provide information about your job performance, work ethic, and skills. They may discuss your attendance, punctuality, and ability to work with others. However, they should refrain from sharing misleading or false information, as this could lead to defamation claims.

Q: What can you not say in a reference?

In a reference, you should not share personal opinions, unverified claims, or information that could be considered discriminatory or defamatory. Avoid discussing sensitive personal matters unrelated to job performance, as this could expose you to legal risks.

Q: What can legally be said in a reference check?

Legally, a reference check can include factual information about your employment history, job responsibilities, and performance. Employers must ensure that the information shared is accurate and not misleading. Sharing opinions or unverified statements can lead to legal consequences.

Full question:

I resigned from a job after 1 year because of the long commute back forth to work. I registered with an employment agency to get a new job. They contacted my previous employer for a reference which had a "NO comment " policy re: giving refences out to anyone. Instead, a new Partner at the firm who I used to work for at a previous firm gave me a negative reference although I worked for her four years prior and brought her to the new firm where she made Partner. She was not one of the Attorneys that I was assigned to at the firm. I felt good in putting her down for a reference. She not only gave a negative she tried to recant her reference after I heard the comments she said to the Agency. She kept on saying that she was not suppose to give me any kind of reference because the firm's policy. She left several voice mail messages trying to explain her comments. She tried to defend herself. To me this has hurt me in seeking new employment. Can I file a Civil suit against her and the Comany?

Category: Civil Actions
Date: 04/07/2025
State: Maryland

Answer:

When giving references, it is not enough for your former employer to give false information. The person giving the reference must also have reason to believe the information is false, or give the information with the purpose of hurting your job opportunity. Your current or former employer is also entitled to give a poor opinion as long as that opinion is not based on information known to be false. Finally, you will also not have a claim for defamation if your employer makes an honest mistake, such as looking at the wrong employee file or sending false information by accident.

Please see the information at the following links:

http://definitions.uslegal.com/d/defamation-and-libel/

http://gbr.pepperdine.edu/992/referral.html?discipline=law

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are you allowed to say in a reference check?

In a reference check, employers can share factual information about your job performance, skills, and conduct. They can discuss your job title, responsibilities, and dates of employment. However, they should avoid sharing personal opinions or unverified claims that could be considered defamatory. It's best for references to stick to objective facts to avoid potential legal issues.