Bill asked on our blog:
“I would like to know if an employer can get away with bad-mouthing a former employee.”
That is a great question, Bill! It is a common misconception that your former employer cannot say anything negative about you.
The technical mumbo-jumbo
Legally, a former employer can say anything they want about you (unless the information is confidential).
However, they may be opening themselves up to be sued for defamation if they cannot back up their claims. Because of this, many companies have policies in place that limit what they can and can’t say about a former employee. For example, they may only be allowed to confirm you worked there, give the dates, your salary and job title. They may not be able to give a specific reason as to why you left.
If you feel like they are not being truthful and you can prove your claims, there is legal recourse you can take. For specific information, contact your state’s department of labor and explain your situation.
What to do if the experience was negative
No matter what they say, it is important that your stories line up. It is best to be honest.
It can be a scary, especially if you did not leave on good terms with the company, if you don’t know what they will say about you. If you would like to know what their policy is, try calling and asking. If you are fired, try to remember to inquire immediately what they would say if they are asked about your performance.
If you know they will not say positive things about you, try getting in contact with them to smooth things over. I know that sounds intimidating, but it will not only show them you have changed, it may also change what they will say about you. Having a bad reference can make things stressful during your job search, so your best bet is to do everything you can to change the perception of you (unless their policy is to just confirm the basic information of your employment).
About Kim Costa
I was employed by the same company for 13.5 years. Everything was relatively ok, until they hired a new senior manager to be my direct supervisor. After about 2 months of training my boss on our processes, I noticed he was not learning enough. However, he advised me on the many way’s in which I was not doing a good job as a supervisor. Another words, he through a lot of negative criticism my way. Also, after scolding me in front of the staff a few times (the last time was on a Friday night) Well, I decided to make the following Monday my last day and submitted my resignation latter to HR early that morning (never approaching my supervisor again). Later that week, I did meet with the HR director off company grounds to go over paperwork. I was given an exit interview to fill out. While filling out the exit interview, I did not criticize the comany. However, I did bash my supervisor. So, it has been 3 months, and I still have not found a job. I have no idea what the company say’s about me (I am not even sure prospective employer’s have contacted them or not). Well anyway, my question is, does my former employer really have anything negative to say about me? Other then the fact that I left without giving notice? I have always been on good terms with the company, and have never been repermanded for any reason. My evaluations have always been satisfactory or better.
Thanks in advance for any advise!
Kevin
Kevin:
Your situation is basically what I went through after being with the same company for 12 yrs. All it took was for two people in the office to not follow the procedures and result in monies being lost, Ater going to them with what was owed on their part, they decided to go to the big boss and have a shut door meeting without me being present to produce facts and proof ( I was thrown under the bus) without being able to defend myself. After several month of humiliation and being ignored and mistreated I decide to no long take it wrote my letter of resignation. I left that same day. The only difference is that my company was not a corporation and did not have a Human Resources department.. I was able to find a job however only because I knew many people that knew me and my experience therefore they do not contact my previous employer. I have continued to search for a better position and have not had any luck. I also am wondering what is being said about me and if they can get away with it. I have alot of information that would not be good if anyone knew what really goes on. I know that you can contact the state department of labor. I know that you need to have all your ducks in a row to be able to prove anything.
Yvonne
Are there any other medical assistants out there who just cant seem to find a job? I left my long time job because the office manager kept would show up to the office once a week to give a chewing out and let us know that there are two-hundred people who are waiting for our positions so please don’t let the door hit you in the behind. Everytime a coworker left, the rest of the staff would have to pick up the slack. That person was not replaced. I did leave for a new promising position but the doors closed at that office in less than a year. Now I can’t seem to find a job. Any sugestions out there?
Me being offered a decent reference simply doesn’t cut it in my book ! I either want to know I will be given an excellent reference or I don’t want any reference at all.
How do you find a job for snag job ? What are the qualifications , you need & degree ? Thank you & have a great day.
Hi Diana! You can check out Snagajob’s open positions here: https://careers-snagajob.icims.com/jobs/search?ss=1&searchLocation=&searchCategory=&hashed=0. Also, try using our keyword search tool to look for jobs in your area: http://www.snagajob.com/job-search.
I feel like you’ve done a good job with trying to scare people but the truth of the matter is there are laws that say that an employer can’t blacklist you which is enforced by the fair labor commission. Your employer can’t say whatever he wants about you because that can cause you to never find work which is a prime example of blacklisting. They’re policies are worthless compared to the US Governement’s laws and standards. Blacklisting is illegal and if the company really wants a big lawsuit sure they can say whatever they want.
if the company you worked for is on a top list as one of the worst companies to work for in the united states who needs any reference from them!
i have an exemplary work record with A+ evaluations, but i had a boss that told me that i would be gone before he was and after 14 years (i month shy of 15 years) he made it happen. He was forever signing me up for committees and then when i would come back to report on the committees he would shoot me down and say we do not have time for this, i got tired of it and left the break room and he followed me out mouthing me for leaving and told me to go home and think about if i wanted to keep my job or not, did and he fired me two days later. That has been 2 1/2 years ago and i am now working at Walmart nights for less than half the pay as before and no benefits.
I worked for Walmart for almost 11 years and was fired because of lousy manager! On my exit interview it says I am rehireable, but I have tried several time to work in other locations nowhere near my old store. I either don’t get an interview at all or get a first interview but not a second one. I did try to fight the termination but both times HR and higher ups, sided with the manager. Am I able to legally see my personnel record with Walmart? I believe that there are some derogatory statements contained in it. To Steve, quit Walmart while you can. They are not the company they used to be since Sam Walton died. He took care of heis associates. Now all they are is about the money!!!
Having a felony on record from 2002 I’m finding it hard to find work what can I do to help my situation?
Hi Chris! We actually have a few articles I think can really help you. Check them out: http://www.snagajob.com/resources/?s=felon and let me know if you have any questions.
Steve, It’s unfortunate that some bosses will use there power and position
in a negative and in professional way. Could he have possibly seen in you a
potential threat to his own position? You should have documented each incident. Time, date, day of the week. Keep records of what happened, and like l did, put a voice recorder in my pocket. Don’t be afraidto stand up for yourself, it’s another form of bullying.
I just got fired because the supervisor that was put over us didn’t want to fool with us. So he went to his boss and told him that our place needed contracting out so they did I lost many years of tenor and my retirement. Now I cant find a job.
Hi Janie! Check out this article: http://www.snagajob.com/resources/how-to-explain-being-fired/ and make sure you read all the comments at the bottom, you may find something that fits your situation.
Hello,
I have a question and comment. My experience with trying to find a job has been a nightmare. I am a MAA and can’t find a job here at all. I never hear back form my applications. It’s very frustrating and I am 58 yrs young also. I think I am getting age descimination, but hard to prove!! I am at the end of my unemployment and can’t find even a job at Mc Donlalds. Help!! I have many years of exsperience and I am a very hard worker and dedicated have a great work ethic. I am getting very dicouraged at this point. I may lose everything soon. Anyone know of anything. I have retail experience, medical administrative and photography also. Thanks for your advice. Take care! God bless all who search for a job!
Carol Morris
Hi Carol! I am sorry to hear things have not been going well. Do you think you are applying to positions that you are overqualified for? This article may help: http://www.snagajob.com/resources/im-overqualified/.
I’m not sure what my past employers say about me. I suspect some things negative, but unsure. Over the past 5 years I’ve been working temporary work through temporary agencies. I’ve done good work on my assignments, but on one that I was at for 7 months I was let go due to attendance issues and medical reasons. I promised to stay late for month end closing and then had to leave due to an emergency situation. They called the temp agency and let me go. I wasn’t too happy with what I had been doing cause it was an hour one way drive and only part time, but was necessary at the time and did do good work. It was my longest work assignment I ever had with temp agencies. I fear that they are giving me a bad review when employers call them.
I worked at a gas station which also served food. I was the baker, meaning I went in at 3 in the morning to bake, fry donuts and also cook and prepare breakfast foods for the warmers. My shift ended at 7 in the morning. I loved these hours because I am a natural night owl. Then I got pregnant and was getting morning sickness. I asked the manager if I could be moved to a later shift because of this. She told me that it would be no problem. I was not surprised when I wasn’t scheduled the next two weeks because the scheduling is made every two weeks, and they just took me off of it, I assumed that was because it would be too troublesome to change everyone else’s schedule to fit the new arrangement. After the two weeks I went in when the new schedules are always posted and seen that my name was not anywhere on the schedule. The manager wasn't in at that time, so I planned on talking to her the next day. The next day the assistant manager called me in the morning and told me that I needed to come in. I told her "ok" and hurried into my uniform thinking that I was getting called into work. Instead I was told that I needed to turn in the store key before I could receive my last paycheck. I was dumbstruck! This resulted in a fight with unemployment against them, I won. Then they came back saying that I did misconduct. I got a lawyer, they did not even show for the hearing! It is because they have no proof. Not once was I EVER written up for anything, nor verbally warned about anything. I never did misconduct. Therefore the case was defaulted in my favor and I won again. The gas station I am referring to is mainly made up of, I don't know how else to put this, "partiers". The manager's favorite was the biggest "partier" of them all. They are mean and conniving and never did like me because I would not join them in their after work activities. I am afraid that even if I did try to smooth things over it would only provoke them to tell tall tales so that I cannot get work. They are of that type. I regret ever working there but I needed a job. What do I do about this type of situation?
When asked, how can I honestly tell a potential employer why I was fired without making it look like I’d be a poor risk, or a “whistle-blower” for the company considering hiring me???
I worked at the same place for 15 years. In that time, I had NO unexcused absences and missed aTOTAL of, I think, four days of work sue to illness.
I had an on-the-job injury shortly before going home that didn’t start hurting enough to notice until after getting home. When I told my supervisor, he told me to report the injury to the plant’s nursing staff as a “possible on-the-job injury” before going home the next night.
They said even though the injury had happened the previous day, I still had to take a “mandatory post-accident/injury drug test.” All they did of the drug test was Breathalyzer testing and the plant’s Breathalyzer gave TWO FALSE POSITIVE results which led to my termination.
As soon as possible, on the way home that morning, I went to the Hospital, had a Blood Alcohol Test that the hospital identified as a NEGATIVE test result proving that the plant’s Breathalyzer gave FALSE POSITIVES, therefore I was WRONGFULLY TERMINATED.
Now, EEOC’s been trying to force former employer to re-hire me and provide back-pay as their “Least expensive settlement option.”
If potential employer asks why I was fired and I tell them because of false positive breathalyzer test results, they either tell me “Sorry, we don’t want anybody who can’t control his drinking and would show up drunk,” or when told how I know the Breathalyzer results were false, they tell me “You obviously liked where you were, you should be fighting to get your old job back instead of applying here. You’ve clearly got a valid wrongful termination case against your last employer.”
Even on the day I was terminated, the one handing me the termination notice told me, in exact wording, name changed, “Sorry, Charlie. You’re TOO HONEST for your own good. You won’t even try to lie to try to save your own tail.” (“tail” replacing another word she used.)
Hi there! Have you thought about simply explaining that there was a misunderstanding that resulted in you being let go?
I’ve been privy to phone calls from people doing reference checks. In reality it doesn’t really matter what the laws are, they will say whatever they want. If you left on bad terms the HR department of your new prospective employer will probably get an earful when they call to check on you. The fact is you will never know when those checks are done or what was said. If you don’t get an offer you won’t be able to prove it was because of a reference check.
I’ve been unemployed for over a year now and I have 14+ yrs of financial background. I can not get a job to save my life. I have been to a dozen or so interviews and my husband always tells me to be confident and myself which I do but for some reason they always pick “someone more qualified”. What does that even mean.
I look on snag a job all the time but still no luck. Does anyone know a secret to land a job in a field I have experience in? Any advice would be helpful. Thank you
Why do employers have to look at my credit report? I am behind on my credit cards because I don’t have any money coming in.
I left my previous employement because I wasn’t happy there. My manager was very unfair and rude. I don’t think my former manager should be able to continue to have an impact in my life. I want to get a new job. I’ve had several interviews that go very well and then, nothing. I’m quilified for the positions and demonstrated knowledge in what was required. I’ve been out of a job for 5 months. I’m thinking of hiring a company to check out their responses to typical HR questions. I’m so frustrated I want to work already. I have a mortgage and bills. Now I have to spend money that can go for food expenses on reference checking. They should pass a law prohibiting former employers from being negative to new prospective employers we apply to. Sorry for the rant just frustrated.
I was working in one of the 3rd platinum producer in South Africa.I was fired/dismissed as they believe i have captured qualification against my username without prove of record,which i have told them i did not do a such thing.
Do you think they can say anything negative or put record on a system as and dishonesty in company?
i would get one of my good friends who owns there on business no matter what it is and have them call your former employer for a reference.If they bad mouth you to them or something on paper saying such use it to sue.
I didn't leave my job on good terms due to a management conflict. What should I put as the reason for leaving on job applications?
Hi there! You can just explain that it wasn’t a good fit and you’ve realized that you want to go into a different field. Good luck!
I did customer service for a company for over two years and because I performed well I was offered a position to where I currently live now and relocated up here.Following that, I was promoted to Supervisor and after doing the job for about a year ,I was demoted back to down to just a regular customer service rep because I was told I was rude to a customer apparently. Then after doing the old job I had been doing for a while,I was promoted to quality assurance where I would play back Third Party Verification Tape Recordings when customers were disputing authorization of service and the next thing I know I was brought into my Director of Operations office and he said he didn’t know “what to do with me.”I quit that day which was probably a mistake now that I look back on it.I reapplied hoping to get rehired as a Third Party Verifier. When I went in I ran into some old faces and it was kind of awkward,but should I follow up on the application or not?Any suggestions?
Kim,
Looking for work..
And saw ur theme about past employers.
Most applications ask can we contact
ur past employers and i heard
like the article says most of them
will verify the period you worked
with them..
and some might recommend
you for the job
but like the article says
if they say something negative or
something you did or said
and cant prove it what r your options
thanks
I have had the worst time with jobs. One was for an elected official who I guess he didn’t like that I would not pay attention to his advances. He always wanted me to drive him around. He would not look me in the eye nor tell me the reason as to why “things are not working out” and when I wrote out my resignation letter that I needed to leave due to excessive work hours and my need to have surgery, he immediately scrawled on it “HER MEDICAL CONDITION HAS NOTHING TO DO WITH THIS!” Just kind of blew me away! The next one was because I posted on Facebook that Payroll messed up my check and that I only received a check of $300 for 40 hours, but that they told me that I “should be happy we didn’t take out three times that amount” – the HR witch gave me an ultimatum, either I remove my comments or resign. I chose to resign, as I chose to stand up for what I believe in, even if I am the only one standing!
I am currently in the running for a new job with a civil service type of employment. I have 5 past employers who have given me good reviews and 1 employer from 10 years ago who gave me a negative review. This negative review came as a surprise as I was never written up, never disciplined, never talked to and left on decent terms giving 2 weeks notice and finishing my obligations. I’m worried about what impact this 1 employer will have on my chances of getting hired now and how they can give me a negative review with nothing that I am aware of to prove I was a bad employee.
this advice was BS, nobody is going call back a bad employer and ask for a favor and kiss their a__ ,
how lame an impractical this was
I was fired , i didnt do what they said i did. Worked there for over a year was promoted to national account manager and when they put an employee and friend in position as my supervisor it went to hell. I worked some days 12 hours with no lunch , gave them 150%. When my car died i rode a bike 5 miles there and home, I’m 45 and that sucked. They hired 2 people i trained them and only 1 lasted. Her and I ran everything almost , and were critisized from the supervisor and begged for help due to being over worked. They finally hired a few more people and I trained 2 of them , the boss and supervisor went out of town and I had a arguement with one employee and everything was fine with us the next day but when they returned they let me work all day and called me in and suspended me. I was told i cussed at her and i didnt even she said i didnt cuss but the other girl i trained wanted my job and 1 week later I go in and I was fired. Also the words changed that i had supposedly said to something very bad and I told them that is was lies and i would never say something so bad, But here i am praying I get my unemployment till i find something new and praying they dont tell the lies to a new employer.
I agree. I ended up leaving my last job not on the best of terms. I don’t want them saying crap about me.