QUESTION

My previous employer is giving bad references about me, what can I do?

Asked on Apr 26th, 2012 on Labor and Employment - Florida
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My previous employer is giving bad references about me, what can I do?
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2 ANSWERS

Probate & Trust Attorney serving Fort Lauderdale, FL at Robert J. Slotkin
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There is a statute outlawing employers saying false, negative things about ex-employees. However, if the things he is saying are true, or if they are mere opinions (he wasn't a good worker) then that's not illegal. Have a friend call pretending to be a prospective employer asking for a reference and see what he is saying. Then have a lawyer write a cease and desist letter advising the employer that what he is doing is illegal and that you have a witness. That should stop him.
Answered on Apr 30th, 2012 at 5:53 PM

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Most employers will only verify dates of employment, salary and eligibility for rehire. They do this to avoid potential liability from defamation claims. If you can prove your employer is providing false information, you may have a defamation claim. If the "bad" reference is factually true, there is not much you can do.
Answered on Apr 27th, 2012 at 11:41 AM

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