Employers can generally give truthful references, but many limit them to dates of employment and job title. False statements that harm your reputation could be defamation.
What employers usually can say
- Dates of employment and job title.
- Truthful information about performance, in many states.
- Many states give some legal protection to employers who give references in good faith.
What they cannot do
- Make false statements that harm your reputation.
- Retaliate by giving bad references for protected activity.
- Discriminate in references.
If you suspect a bad reference
- Ask a friend to call as a prospective employer and document the response.
- Check for a reference-checking service.
- Send a written request to correct inaccurate statements.
- Consult an attorney about defamation or retaliation.
- Line up other references.
Prevent problems
Negotiate neutral reference language in a separation agreement, and provide a contact in HR who will confirm basic facts. Keep copies of performance reviews and letters of recommendation.
Frequently asked questions
Can I see what my former employer says?
There is generally no right, but a reference check service can help.
Is a bad opinion defamation?
Not if it is truthful or a genuine opinion.