candidates worry that former employers may say something negative about them;
but there are many laws on the books that protect employees from defamatory
statements. Let’s take a look at a few of the facts:
- An employer is forbidden from
making false and defamatory statements about former employees. For
example, if an employer falsely suggests that you didn’t perform all of
your duties, you may be able to sue them for defamation. The important thing
to note is that the statement must be false and damaging to be considered
defamatory. If it is true that you didn’t perform certain duties as stated
in the example above, the statement would not be considered defamation.
- An employer who gives more
information than necessary with the intention of harming a job candidate’s
job prospects might face legal action. For example, if an employer is only
asked for employment dates and job title but they reveal the fact that the
job candidate took three months of personal leave because of an illness,
this could make the employer vulnerable to lawsuits. This is why most employers limit what an
employee can say when giving a reference.
- An employer who uses a
reference to punish a former employee could be in violation of the law.
Many states forbid what is called “blacklisting.” If a job candidate is given a bad
reference because they filed a lawsuit or discrimination claim against
their former employee they may have the right to sue the employer.