
upnorthguy
 |
As a former HR manager with a major airline transportation company, it is legal for an ex-employer to refuse to give a reference on a former employee. Most ex-employers refuse to give references (other than date of hire and date of leaving) because they fear being sued so bad that they would rather keep their mouths shut than to get slapped with a suit. Now, if an employer does give references, they are also allowed to share the "facts" of the persons employment without being liable for slander etc. Once an employer veers away from the facts of things and gets into opinions etc they run the risk of getting sued for slander, or some other thing.
I hope this helps ya.
Was this answer helpful to you? Yes
/ No
|
|

ebayfun775
 |
The law where I am states they have to give this info.
The dates you worked from when to when
Would they hire you back.. They are not allowed to give the reason they say yes or no.
Was this answer helpful to you? Yes
/ No
|
|

Bunny
 |
It actually depends on the state you live in and the laws for business there. In Michigan, for example, it is illegal for a former employer to give any negative or slanderous information to a prospective employer, however, it would be very difficult to prove that is why you lost a job if it did happen.
It is perfectly legal for an employer to not say anything like in your case. THis way the employer faces no legal problems in the future, however, if you were a good employer it was pretty crappy of her not to give a reference!
Good Luck!
Was this answer helpful to you? Yes
/ No
|
|

Ask a Manager
|
Yes, an employer is allowed to decline to give a reference. In fact, many companies now choose to only gives dates of employment and title and not any information beyond that, because they don't want to open themselves up to a lawsuit over a bad reference. Is it possible that your former employer is declining to give you a reference because she doesn't feel she could give you a 100% positive reference?
Also, is there someone else you worked with at the company who could provide a reference instead?
Also, it is a myth that former employers aren't allowed to say bad things about you. They aren't allowed to say UNTRUE things about you, but that is often different.
Was this answer helpful to you? Yes
/ No
|
|

Weatherman
 |
NO
They are not allowed to make negative comments in a reference, and definately not allowed to phone the new company to slag you off
Was this answer helpful to you? Yes
/ No
|
|

roxiecat4200
 |
If they are calling to verify employment, the ONLY thing she is allowed to say is whether or not you worked for her.
Was this answer helpful to you? Yes
/ No
|
|

MB_Nolan
|
i'm pretty sure she can do that,
its unprofessional, but not against the law.
Was this answer helpful to you? Yes
/ No
|
|

?
 |
You'll have to find out if you can why the former I guessed bad mouthed you to another/prospective employer!?! & just do what you can for now to maintain a good status !?! & or your dignity!?! might be one of the best things you can do at this point!?! or who`,else do you think could tell good things of your work habits I guess ?!?.,`'R"r,r`r.[5/31/07] --->
Was this answer helpful to you? Yes
/ No
|
|

contrarymld
|
legally they only have to say when you worked for them, for how long, and what your wage was and that is about it. Usually it is best if you can get a written letter of reference, as long as you are leaving on good terms. It is always wise to try not to burn your bridges.
Was this answer helpful to you? Yes
/ No
|
|

dadseimaj
 |
They must not give you a bad reference, but they are allowed to refuse to give one at all- Amounts to the same thing really.
If you had a t*sser working for you, you wouldn't want to big him up.
Was this answer helpful to you? Yes
/ No
|
|

pandabunny
 |
i think it's different in different states or counties, but i am pretty sure that's a no-no. hopefully you can find an attourney to help you out. it might be worth it.
Was this answer helpful to you? Yes
/ No
|
|

johnfarruca
 |
Prior employers often will only verify dates of service and give no other information. This sounds like what your previous employer did...they didn't say anything bad about you according to your question.
Was this answer helpful to you? Yes
/ No
|
|

Bored at work
|
yes they can, it is your fault for using them as a refrence, there is a reason people try and either, quit, leave for personal reasons, etc before they get fired or disciplinary actions taken against them, that is why no matter how much you hate your boss.... you cant yell at em or cause a scene because you WONT GET A GODD REFRENCE
it is your own fault dude, shouldnt have worked your socks off
Was this answer helpful to you? Yes
/ No
|
|

the Phoenix
|
Your ex employer as i understand it can refuse to give a reference but they are not allowed to say anything negative about you. You are entitled to ask the new company what was said and what reasons were given for refusal (if any) but they are not at liberty to tell you. In future explain to prospective employers that you would rather they did not approach your ex employer as they feel bitter about your leaving. There isn't much else you can do- i am in a similar position- it is frustrating but try to find references from people who know you are a good person and employee.
Was this answer helpful to you? Yes
/ No
|
|

Tufty Porcupine
|
This one gets asked a lot on here, or at least something simialr.
I can only speak for the UK.
1.) Yes, your ex-employer can refuse to give a reference. As MB_Nolan says it is rather unprofessional, particularly the way your ex-employer went about it, but there is no law (despite what so many people still keep saying on here!) to force an employer to give a reference. (Those people who say there is - I defy anyone to tell me which law they are referring to.)
Strictly speaking you should contact an previous employer to ask if you may use them as a reference - had you done that in this case you might have avoided the situation above.
2.) Despite what people have said above an employer CAN give a negative reference (again, anyone want to tell me which piece of legislation forbids this?) - the important thing is that is truthful and objective. Indeed, an employer giving a falsely positive reference or deliberately omitting information which might indicate an applicant's unsuitability for a position would leave that employer open to being sued in court by the person to whom the reference is given! If your ex-employer intended to give a poor reference for you, in some ways it is better that they did refuse to give one at all!
What can you do about it? Well, in your situation, if I felt I had done a good job for me ex-employer and could see no reason why a poor reference should be given or one refused, I would contact my ex-employer to ask for an explanation.
If you obtain hard evidence that your ex-employer has FALSELY "bad-mouthed" you, then you have a case for suing them for slander (as in this instance it has been verbal feedback).
Was this answer helpful to you? Yes
/ No
|
|

kat70359
|
yes, they can refuse
Was this answer helpful to you? Yes
/ No
|
|

D S
|
The cat is out of the bag now, the new employer knows that something is up.
The law states that a former employer can only state your position, starting date, ending date, termination was favorable or unfavorable. They are not supposed to make negative comments. The new employer can ask if they would re-hire you--they can answer yes or no.
I reported my ex-boss for sexual harassment, and when my future employer called her for a job duty verification, every question that they asked her about me, she had a standard answer of 'I don't recall'. The future employer knew something was up because I had just left there one month ago, and I had worked there for almost a year as her assistant.
When personnel called me to offer me the job, the lady told me what my ex-boss had said about me. She then said could I give her the name and telephone of any other people at that job that could verify my working status..
I was offer the job based on my past experiences and outstanding remarks about my work habits and skills. I also had three letters of recommedation from my former employers.
If you think that this might be a problem, contact your former employers and ask them for a letter of recommendation. The letters are good for ten years.
Was this answer helpful to you? Yes
/ No
|
|

Chuck T
|
Legally there is not much information an ex employer may say when asked for a reference besides length of service
Was this answer helpful to you? Yes
/ No
|
|

spadezgurl22
|
she can refuse to give u a refernece but find another employee from the company you worked with that will verify your employment and vouch as a good reference. i have left with past bosses on not so good terms and i have always found an employee with the company to vouch and give me a good reference instead of using my boss.
Was this answer helpful to you? Yes
/ No
|
|

crazymental
|
she isnt allowed to do it. nor is she allowed to bad mouth you. find out exactly what was said and then threaten her with legal action. references are generally to ascertain whether you did work there and what your attendance and puntuality was like.
Was this answer helpful to you? Yes
/ No
|
|

tina
|
no she cant it is now illegal to bad mouth there former employees they don't have 2 give u a reference though,but when the new employer asks them if they would employ you again all's they can say is no they wouldn't.
Was this answer helpful to you? Yes
/ No
|
|

Diablo
|
the ex employer cannot bad mouth you but they do not have to provide a reference.
Was this answer helpful to you? Yes
/ No
|
|

Poppy
|
They can't "bad mouth" you, but the reference that they give can be negative if they have a reason for saying bad things about you.
Refusing to give you a reference is different though because they aren't actually saying bad things about you. Maybe they're too busy to give out references for ex-employees. Or maybe they aren't pleased that you left the company and don't feel like doing you any favours by giving you a reference.
I don't think there's anything you can really do to be honest. No one can force a previous employer to give them a reference, just list someone else as a reference in future.
Was this answer helpful to you? Yes
/ No
|
|

Katie Noble
 |
i think that she is just jealous that you found a better job and she is just thinking that she can get you back by blackmailing you
Was this answer helpful to you? Yes
/ No
|
|

karen b
|
from the uk based website detailed below:
An employer is under no legal obligation to give a former employee a job reference at all. However, if they do give a reference, they are under a legal duty to give an accurate reference. If an employer gives an inaccurate or negligent job reference, the employee can sue their former employer to recover damages. This claim is brought in the County Court NOT the Employment Tribunal. The former employee must have suffered loss ie. they failed to get a job because of the bad reference and lose the income that job would have provided.
Was this answer helpful to you? Yes
/ No
|
|

Jorge
|
Your employer can refuse to give you a reference, but if they do give a reference they aren't supposed to say bad things about you.
Unless you were a really crappy worker.
Was this answer helpful to you? Yes
/ No
|
|

ytuty t
|
they cant give a bad reference they can only refuse to give one.
Was this answer helpful to you? Yes
/ No
|
|

justwondering
 |
she can refuse to give you a reference, but she cannot say why or say anything negative about you
Was this answer helpful to you? Yes
/ No
|
|

Sappho
 |
They are allowed to say whatever they want, although it is strange that someone would refuse a reference if you did a good job for them. Are you sure that your prospective employer has the correct information and didn't accidentally dial a wrong number?
In many states, such as Massachusetts and Rhode Island, people are no longer allowed to give real references because of slander lawsuits. I personally think this is silly, but the way it works now is that all they are allowed to say is whether or not you worked there and for how long, and if the prospective employer asks yes or no questions, they can answer those. They are no longer allowed to volunteer information by saying that you did a good or bad job. I do not know if this is the case in your state, but it's something to look into.
Good luck with your new job!
Was this answer helpful to you? Yes
/ No
|
|

Mike
|
No, they can not bad-mouth you.... but it does not sound like that is what your former employer did.
Usually, when asking for a reference, they will say, "Will you hire this person again" and the answer is either YES or NO.
The other thing that can happen is the refusal to give a reference, which is really the same thing.
They did nothing wrong... your former employer may not like you.
Was this answer helpful to you? Yes
/ No
|
|

Rob
 |
yes, so you should find a way to get back at him. not hurt him but you know............
Was this answer helpful to you? Yes
/ No
|
|