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jessicawulf · Aug 31, 2007, 01:32 PM

I left my job of almost 2 years just recently. I am now seeking employment elsewhere and wanted to know if my previous employer can give me a "bad" reference. I didn't really leave on the best terms (did not give two weeks notice, but DID finish my shift that day, and informed them that I would not be returning.) I was a very good worker, but I am worried that my last supervisor will possibly say something negative. What can they LEGALLY in Illinois say about me, and do employers usually cross the line when giving references?:confused:

Gregisteredtrademark · Aug 31, 2007, 01:42 PM

A lot will depend on the company. If it is a large corporation the tag line will be XXX was employed from Y to Z and is eligible or ineligible for rehire. On the flip side they are not under any obligation to give you a good response. As long as they are not slanderous.

Wondergirl · Aug 31, 2007, 01:43 PM

I am pretty sure all a former employer is ALLOWED to say is that you worked at that company for X period, but no pluses or minuses are to be said. In truth, a former employer can give his/her opinion and evaluation of you in how statements are phrased or even with tone of voice.

Your public library has a nifty little reference binder called Employment in Illinois. Please check it and the Illinois Statutes (ask for help finding them) for the legal part of your question. But what's actually done may not really be legal at times.

tickle · Aug 31, 2007, 01:43 PM

Whatever they say about you in a reference you will have to live with. If you have doubts don't include them on your resume. I don't think legal has anything to do with it. But do you really think anyone from two years ago is going to remember.

Wondergirl · Aug 31, 2007, 01:46 PM

tickle, she left her job that she's had for two years, not that she left it two years ago. And yes, even two years later they remember! We remember employees from 20 years ago!

ScottGem · Aug 31, 2007, 01:49 PM

An employer can say anything they want about your employment with them. There is actually no law that specifies what an employer can or can't say in a reference.

However, there are libel and slander laws that limit what anyone can say to the truth otherwise they risk a lawsuit. So the employer could say, she worked from x to y but left without giving notice. As long as they tell the truth, they are protected.

That's why most companies will only verify employment dates, for fear of a law suit.

Wondergirl · Aug 31, 2007, 01:54 PM

From Employment Law in Illinois

"References
A previous employer is free to provide any non-confidential information about a previous employee, so long as it’s true and isn’t provided to maliciously harm the employee. An employer who provides false information that disparages the employee may be liable for defamation. In order to avoid potential liability, many employers often refuse to comment on a past employee’s job performance and confirm only dates of hire and separation, plus wage or salary information."

tickle · Aug 31, 2007, 02:05 PM

Wondergirl, that may apply to your (company) remembering from 20 years ago through employee records, but nowadays transients are commonplace and move about at will taking jobs and leaving, people leave, records or not kept up, etc. etc. Business like call centres are popping up all over the place, even in the small town I live in. I have probably worked in more places over the last 40 years then you would care to remember. Forty years ago, companies I worked for kept records like that.

Wondergirl · Aug 31, 2007, 02:17 PM

tickle, we don't remember from employee records, but have a rich corporate memory of personalities who have worked even for as little as a few months. (Most of the employees have been there over 10 years.) I'm speaking of my current workplace that is relatively small (under 50 employees), so a large company with many transients will not have that corporate memory.

tickle · Aug 31, 2007, 02:24 PM

The trick to giving and keeping employee records is a consitent employee, unfortunately, nowadays that can't happen, no one has the feeling for the individual people that worked for them.

glavine · Sep 4, 2007, 07:25 PM

Whether or not you are rehireable, they can't dish the dirt on you

Employer33 · Oct 15, 2011, 09:48 AM

There is no specific law governing what a former employee can say, but there is much case history where former employees have been awarded damages as a result of a "bad" or slanderous or unfactual reference. This is a nice short article: http://theemployersadvocate.com/?p=156
Even though this is a Texas attorney, it will generally apply nationwide.