Legal Question in Employment Law in Illinois

Bad Reference stops new employment

I got a bad reference from a previous employer which they deny. The employment agency told me.

Is there anything I can do? They said we cannot prove it since it could actually have been someone who previously worked with me. However, they said if it happens again we would know for sure. There was another co. which never called & I wonder if the bad reference is why.

Background: I went on medical leave in 1999 & when I did not return after 1 year (required by IL law) they terminated me. I understand, but does it mean I will never work due to bad reference? I worked for 3 co.'s since, & medical problems are no longer true. Can they continue to give me a bad reference forever?

About 15 years ago this same company (and I believe it's the same person) gave me a bad reference and refused to allow me to see my employee record. I called upper management who said there was nothing derogatory in my file, I was welcome to see it, and they had a position which they hired me for. I stayed for 6 years.

I can call their supervisor but what should I say? Is there anything one can do or do you just have to quit the industry you are in and start over or go on welfare (which I don't want to do)

Thank you,

Carol


Asked on 2/23/03, 4:02 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Bad Reference stops new employment

Bad references are not acceptable if there was no legitimate basis for them. Check with the employment agency and try to find out who gave the bad reference - then you do have an issue. However, you should probably put something in writing to your former employer pointing out your rights.

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Answered on 2/24/03, 5:25 pm


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