Can I sue a reference from an unpaid internship for giving me a bad reference?
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Can I sue a reference from an unpaid internship for giving me a bad reference?
I’ve suspected for about 6 months that one of my references was sabotaging my job search. I just found out today, that one of them has been giving me a bad reference. What she told them is subjective. She told them that I lacked enthusiasm, that I did not go above and beyond, adding that she would not hire me. The twist is, she was a mentor from an unpaid internship. I’ve missed out on at least two opportunities, and I suspect it is because of this reference. Can I sue her for defamation?
Asked on January 15, 2012 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, what you describe is not defamation. Defamation is the public (so to any third parties) making of untrue factual statements which damage your reputation. However, opinions--or as you call them, "subjective" statements--are not defamation: it is not legally defamation, for example, to say that you lacked enthusiasm, did not go above and beyond, or that she would not hire you, since all those are opinions. The law lets people have their opinions, even negative ones; you would not have a cause of action unless she made an untrue factual statement about you (e.g. accused you of excessive absenteeism, when you can show you were not absent).
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