Legal Question in Employment Law in Tennessee

Bad reference from unauthorized employee

I found out that an employee from a previous workplace gave a potential employer a really bad reference on me. I don't typically submit references unless they are requested, and they were never requested. Evidentally, the girl that was in charge of checking up on me knew someone that works at one of my previous workplaces, and spoke with him about my potential hire. This employee was never my supervisor, not a manager, not in HR, nor did he ever work in my dept. He should not have been the one contacted in the first place, but whatever he said influenced the potential employer enough to end a chance for me to be hired. This is the second time he has attempted to keep me from being hired. I contacted the owner and CEO (previous employer) who basically told me that I should just let it go, not worry about what people say, and that he would back me up as a reference. Do I have legal options and if so against the former employee or the employer? I was in shock to hear that someone had given me a bad reference!! I worked there for 13 + years, and had an impeccable work record. I even received an award for my quality work from one of our customers. I'm at a loss - help!


Asked on 3/17/07, 2:46 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Bad reference from unauthorized employee

What you describe sounds like a difficult situation. One of the questions would be what sort of policy the previous employer had about job references. If they had a policy that the employee was not to give job references, then it is very unlikely that you would have a successful lawsuit against them. If they do not, then it may be worth exploring your rights with an attorney.

If you would like more information about workplace defamation, you can visit my website, www.memphisemploymentlawyer.net and click on the link to Illegal Employment Practices.

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Answered on 3/18/07, 8:57 pm


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