Legal Question in Employment Law in Pennsylvania
job references
I worked at a company for 18 years and resigned for personal reasons with a legal contract stating that the company would give me a positive job reference, I have applied for several jobs and am not getting any interviews, after some research I have found out that the SECRETARY! not the HR person is giving out references and she did not give me a positive reference. It was agreed upon that only the operations manager would be giving the reference for myself. I have also spoken with other supervisors at the company and they were never informed that all calls pertaining to myself would be directed to this one manager.
Is this company in violation of our contract and is there any legal action I can take. I would really appreciate any help Thank you
1 Answer from Attorneys
Re: job references
You asked about negative job references.
Yes, improper negative job references are actionable both under common law and under your contractual agreement. But it is an uphill battle. In court you would need to prove that the employer was giving a negative reference, that it was defamatory and untrue or that it violated your severance agreement.
I think you have a potentially valid claim and should pursue it with an attorney. Be aware that your rights to pursue these claims are time limited so you should speak with an attorney immediately.
Regards,
Roger