False negative job reference

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False negative job reference

I have been informed that a prior employer of mine (located in NY state) has been giving out false negative job references on me. I believe that this has cost me from final consideration for 4-5 jobs. Do I have any recourse?

Asked on May 23, 2009 under Employment Labor Law, New York

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A former employer can give negative job references about you as long as he/she has a good faith basis to do so. For example, your past performance reviews and employment records may contain information that supports the negative job references.

However, if an employer gives you a bad reference that is unjustified or meant to harm your chances of getting another job, and you in fact don't get the other job, you may be able to sue for defamation or slander.


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