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Can legal action be taken against the employer that gives a bad reference?
Wiki User
∙ 12y ago
The only things that a previous employer can say are #1- if you are re-hirable and #2 - what dates you were employed there. The problem is that in order to take legal action you have to be able to 100% PROVE that the previous employer said more than that.
An employer can give a negative reference for a former employee if they wish to, but they are not required to. The employer may be exposed to liability, or at least to the expense and distraction of a lawsuit, if it gives such a reference. The former employee may allege that the information provided was false or misleading. The burden of proof would be on the employee to prove what the employer said and how it was defamatory. Truth is a defense to the employer.
For this reason, many employers have policies prohibiting giving any reference, positive or negative, and will only confirm the dates of your employment and last title. Some employers may disclose if you are re-hirable, but a non-answer or negative answer to this question could again expose the employer to claims.
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoYes, they can. Former employees can give a bad reference if they find it necessary.
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