Legal Question in Employment Law in Pennsylvania

Applicant Reference

An employer from company A hired someone from company B, at which point, a friend of the employer and supervisor in company B, sarcastically suggested hiring another worker the supervisor characterized as a poor employee. This worker was a subordinate of the Company B supervisor at this time. Months later this worker applied to company A and was told not to submit the application by the employer as the supervisor had told him he was unreliable months earlier.

Knowing the comment was made while the applicant was working and not looking for a job, does the supervisor constitute a reference, thus breaking laws of providing negative information?

Does the applicant have any legitimate claim in a civil lawsuit? If so does he have a good chance of winning, and what is the common or proper remedy for such a case?


Asked on 4/14/05, 10:38 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Applicant Reference

There is no law against giving negative references as long as the reference is truthful or an opinion not based on untruths. If it was untruthful, the remedy is a suit for defamation.

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Answered on 4/15/05, 6:58 am


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