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I don't think it's legal, I am looking for some discussion and if anyone has dealt with this experience.
If it were illegal, then what is the point of asking for a reference in the first place? If you can ONLY give/receive positive answers, it's kind of a waste of time checking references, eh?
That said, many employers are very careful about giving negative references, because they're afraid of being sued for some vague reason. It's also a fact that an employer can give a reference that technically isn't "negative", but the tone of voice, properly-placed hesitations, etc can convey "don't hire them!" if the asker can read between the lines. I used to be quite good at giving that kind
HR and managers can be pretty odd at times. Previous employer of mine was certainly one of them. Their criteria for giving a reputable reference was whether an individual had given proper two weeks notice prior to quiting. If they did their reference simply stated 'they are eligible for rehire'...if not, their reference simply stated 'they are not eligible for rehire'. Didn't matter if you had worked there 2 days or 40 years. I saw it happen over and over again. One gals husband passed away unexpectedly and she had to quit. She got a negative reference. After that I decided to get what I could, take what I could and give a two week notice by using up vacation and sick time. Adios to a bad situation.
If you are that concerned about a hiring manager/boss giving a bad reference, then don't use them. Use a co-worker or client. It doesn't matter whose fault it is that you're not going to get a good reference. That's in the past. You have to mover forward now and focus on the solution, not the problem. People make mistakes, we're human. Not all employers are angels either. There is no reason to allow them to have control over you after you have left them, especially if this was a very difficult or nasty person. I myself am in a situation like this. I resigned my last job without notice because the employer was very nasty and becoming even nastier to me. Of course, obviously, who in their right mind would use that person as a reference? I am using a co-worker and a client. If anyone asks why, I have no problem telling them the reason why I cannot use my boss. Of course, you have to keep in brief and general, without going into any ranting or specifics, even if asked to.
Some people like to feed on drama, especially HR who really don't have very exciting jobs. They might want to get into the specifics just to see how you react and if you will say anything negative about your former employer. Keep in mind that this is an exclusionary process, so they are looking for reasons to exclude you from the process. They want to make their jobs easier. Do not under any circumstances say anything negative about your previous boss. Doing so will automatically disqualify you.
Several HR people have told me flat-out that they are not allowed to bad-mouth former employees, whether it's justified or not. The only thing they are allowed to do is verify when you worked there. If pressed for a reference and they didn't like you, the most they can do is decline and say they'd rather not. That might be enough to damn you, but they are not allowed to bash you.
Cultivate new references. Even if you left a job on bad terms, surely you have at least one friend or colleague there who would speak well of you.
If you are that concerned about a hiring manager/boss giving a bad reference, then don't use them. Use a co-worker or client. It doesn't matter whose fault it is that you're not going to get a good reference. That's in the past. You have to mover forward now and focus on the solution, not the problem. People make mistakes, we're human. Not all employers are angels either. There is no reason to allow them to have control over you after you have left them, especially if this was a very difficult or nasty person. I myself am in a situation like this. I resigned my last job without notice because the employer was very nasty and becoming even nastier to me. Of course, obviously, who in their right mind would use that person as a reference? I am using a co-worker and a client. If anyone asks why, I have no problem telling them the reason why I cannot use my boss. Of course, you have to keep in brief and general, without going into any ranting or specifics, even if asked to.
It also helps to have glowing references written about you in a place HR people and hiring managers will see them when they stalk, er, check you out online. I can't speak highly enough of LinkedIn for that very purpose.
The question is...is it illegal for a previous employer to give a negative job reference-yes it is..you can sue for deflamation of character-how do I know because my ex-boss did just that-even though he was FIRED for sexual harrassment-someone in HR told the potential company-and let's just say he got a nice couple of years paid off. Now how companies get around that is a potential company will ask a question like "would you re hire Sally?" and if the company says "no comment" trust me that speaks volumes-employees on the other hand...well don't you have references that will give good recommendations?
Well, whether it's illegal or not, those people that are really hell bent and want to give negative references or make other allusions that might be perceived as negative, will do whatever they want.Nobody can guarantee that a former employer who was nasty or difficult or made your life hell won't say or imply you were no good simply by "no" to the "rehire" question. Unless you call yourself or have a friend call and pose as a prospective employer, to verify exactly what the employer is saying about - you will really never know. Proving that you were denied a job based on a perceived negative reference will cost you a lot of time and money with the lawyers. Do you really want to rehash all that? Use friends, co-workers, clients. Let's face it, we live in a world where people do whatever they please, no matter how many sanctions you put in their way. That's why prisons are full to capacity, probation officers are overloaded and there aren't enough cops and social workers in this world. Be smart, protect yourself from the beginning, especially if you suspect someone is up to no good or has a history of giving out negative refs.
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As you know...
