Legal Question in Employment Law in Florida

Can an employer give a bad reference?

I was fired yesterday from my job as a waitress, along with one of my co-workers. One of the managers has since taken it upon himself to tell our customers that we were fired. Is he allowed to do that and can he give a bad reference?


Asked on 8/13/06, 11:04 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Can an employer give a bad reference?

Under Florida law, employers have immunity (as a result of a statutory amendment several years ago) for giving out references unless an employee can prove by clear and convincing evidence that the information communicated to a prospective employer was knowingly false. This standard is difficult, and means that often times employers can communicate quite a bit of negative information. However, please consult with an attorney to obtain more specific information concerning your particular situation.

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Answered on 8/14/06, 9:34 am


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