Legal Question in Employment Law in Maryland

Re: Prior Employer Bad Reference

First, prospective employers are not required to give the reason for refusing to hire. If the reason might be discriminatory or illegal, a person can sue and the reason would then be disclosed. But that is expensive, time-consuming and too speculative in this instance.

Second, a former employer can give truthful references, even if that prevents the former employee from being rehired.

Notwithstanding the above, your son can still demand that the former employer not hinder his job search and he can threaten legal action if necessary, as long as he has a reasonable belief that the former employer is acting unreasonably or defaming him.

First, your son should ask the employers who did not hire him, diplomatically but point blank, if they received a negative reference from the former employer. He may not get an answer, but he can try.

He can also call the former employer and ask what if any references are being given. If they refure to say, he can then move to the demand letter. If they admit giving bad references, he can also send a demand letter. If they deny it, then he has to figure out what else is going on. (He may be unqualified, not the most qualified, unlucky, or perhaps is doing something wrong at the interviews.)

If he sends a demand letter, it should demand that the former employer refrain from giving any negative reference and only give dates of employment, position and salary, at most.

It should be sparse and should not be accusatory or argumentative, or hostile in any way. It could say that circumstances indicate that negative references might be coming from the employer which may be defamatory and grounds for legal action. Therefore, your son demands that any such negative references cease or he may have to take appropriate action.

Assume a third party might see the letter, such as a court, and write it with that in mind.

Then your son can follow up by speaking with his former boss or HR or someone in authority. They may deny giving negative references at which point your son can say, "fine, then I assume there will be none in the future?" Hopefully, the answer will be yes. Or, they might admit the negative references and say they are justified. Then your son will know what battle he is fighting.

Most companies do not give references because of these issues. It could be a particular employee (the old boss), acting alone, without authority from the company. If so, the letter might put an end to it.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.