Legal Question in Employment Law in Texas

Bad job references

My brother recieved a bad reference from his current employer to a place he is attempting to get work. His contract is up at his current job, and they have said they do not want him to stay. He said that a department head (not personnel) of the attempted place told him about the bad reference, and exactly what was given. He said the person that told him, even gave him the name. He wants to sue both his employing company and the person that gave the reference since he will not get the job due to the bad reference. He said it is illegal to give a bad reference, you can not say anything negative to a potential employer about anyone. Is that true? Can he sue his current employer and his supervisor for saying he was not a good employee?


Asked on 4/27/04, 11:03 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Bad job references

It is not unlawful or actionable to provide a bad reference if it is truthful. If specific false statements are made, it may be grounds for suit depending on what is said, but there is no basis for filing a lawsuit if someone simply provides their opinion that you were a bad employee, that they would not hire you again, or similar statements.

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Answered on 4/28/04, 12:16 pm


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