Can an employer give an employee a bad reference for calling off one shift?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer give an employee a bad reference for calling off one shift?
I put my job down as current employer. When asked, he told the guys that a I called off one time to work my other job but never told them that I picked up 3 shifts to cover the time. I asked my boss about it and his answer was, “I have been burnt before, so I tell them the good and the bad”. Well, apparently he never said nothing good because they took back the offer for my city job. Do I have any type of a case.
Asked on April 24, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If what the employer said was true, you would not have a cause of action. The law does not require an employer to disclose good or positive information about an employee. The only restriction is that the employer cannot state any untrue negative factual statements about you which damage your reputation, since to do so would be defamation. However, a true statement is not defamation. So if you did call off that time to work a different job, the employer may legally say that, and is not required to also say that you had worked additional shifts to cover that time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.