Check out some similar questions!

bitterbutbetter · Jan 14, 2009, 07:45 PM

Hi, first time questioner. Had a question (two parter actually) about work history and recommendations. I was with the same company for over six years (and even got an award of excellence year five), and just the other day I contacted them for a letter of recommendation. They informed me that they usually don't give those out (a slap to the face given that I had always bent over backwards for them). I always thought we had separated on good terms (and yes I gave my two weeks), but it made me wonder if I didn't upset someone in my leaving. My question is

a) Can I push litigation on false or inaccurate stated work history (say if someone calls them for a work reference) and what grounds are there for it.

And

b) Can I I push litigation if I can prove their giving letters of recommendation to others.

I'm not a sue-bug, but this job right now makes up a considerable amount of my resume, and actually my future hinges on it more than my other references. Thanks kindly.

nike 1 · Jan 14, 2009, 08:05 PM

An employer is under no obligation to give you a letter of recommendation. That is up to the discretion of the employer. There is no law that says they have to. To answer the other part of your question, in most states you can legally prevent a past employer of giving you a bad reference. For that, you may need to talk to an attorney. Another piece of advice, include all of your past accomplishments and achievements in your resume. Make those things stand out. Good luck and best wishes for new employment!

Fr_Chuck · Jan 14, 2009, 08:33 PM

Well sounds like you are just looking for a reason to sue, so you must not have left on that good of terms,
They do not have to ever give you a letter of recommendation and you normally ask for that before you are gone during your notice period. So they can give one to everyone but you, and as long as they are not giving you one for any other reason than a protected class of people ( race religion etc.) they can just not give you one.

Most will only give limited info, job, dates of hire, salary and if you quit or was fired. But as long as they don't lie, they can tell them every bad thing you did if they want.

bitterbutbetter · Jan 14, 2009, 09:41 PM

Thanks for responses guys (assumptions aside). I really wouldn't want to litigate, there just doesn't seem to be an acceptable defense on a resume for the employees side (and in saying that I didn't think I needed one for this employer, it came completely out of left field).

nike 1 · Jan 14, 2009, 09:41 PM

No kidding fr_chuck, yes, they can give you a bad reference if it's true, but I think he was asking about false bad references.

smearcase · Jan 15, 2009, 05:20 AM

Letters of reference are practically worthless from the interviewer's perspective, unless you know and trust the person giving the recommendation.
If you don't know the circumstances of how the employee left the previous job, the motivation of the person making the reference is a key fact you don't usually have.
The employee (hypothetical) may have been told --if you resign we'll give you a good reference. The recommender may be the guy's best drinking buddy. On a similar note, I saw an employee give his own reference over the phone. The company callled the employer at the number he had given them for references. He answered the phone--they asked if he knew Joe Blow--he said yes and then proceeded to tell them what a great employee he was and they never asked for his name. I worked for a state agency. They got to the point where regular supervisors couldn't answer calls for reference. The calls had to go to HR and they gave basic facts like length of service and job titles. It was really just employment verification. The reason they gave for the change was that they had lawsuits from former employees who accused the state of slander and even claims that the state gave bad evaluations of good employees so they wouldn't lose them. I have a friend who is a retired police officer and now does employee investigations of those applying for security clearances. He talks to local police and other agencies, friends, neighbors etc.
As a good example, Maddoff would have gotten stellar recommendations a few months ago but they don't necessarily mean anything.

trmpldonagn · Jan 31, 2009, 01:39 AM

I live in the state of NY. A former employer can't give out any negative information even if it's true but some get away with it anyway. They are also not supposed to say if the person was fired. I know that doesn't sound right but that is how it is over here in New York. For the most part, they are supposed to just check/verify dates of service, position, etc. They are not even supposed to give out information about SALARY. I'm not saying I agree with this because how would you know if an applicant is lying??

JudyKayTee · Jan 31, 2009, 06:00 PM

Originally Posted by trmpldonagn

I live in the state of NY. A former employer can't give out any negative information even if it's true but some get away with it anyway. They are also not supposed to say if the person was fired. I know that doesn't sound right but that is how it is over here in New York. For the most part, they are supposed to just check/verify dates of service, position, etc. They are not even supposed to give out information about SALARY. I'm not saying I agree with this because how would you know if an applicant is lying???

You find out if they're lying by asking the potential employee to sign a release which you send to the former employer if the position carries any responsibility.

trmpldonagn · Jan 31, 2009, 11:00 PM

Morning JudyK. I had a former employer lie to a prospective employer. I believe the person lied because I refused advances to say the very least. Thankfully, the employer who called knew what questions to ask and how to ask. Basically, the former employer was trapped in his own lie. I was very very grateful that someone went out on a limb for me like that and I hope it continues elsewhere. I would not have even fought something like that because I know how things go. I wouldn't really be able to do anything no matter what the law says and most people, even the board of labor, don't want to deal with it. Maybe just too many cases. Who knows.
BB, please post what happens if you can. I know you're trying to defend yourself and good for you! I wish you all the best and hope this all works out for you!