Legal Question in Employment Law in Washington

Rights to references given by former employer
I recently was fired from a teaching job... I don't dispute the cause of termination itself; I requested unpaid personal leave which was denied, and I chose to take the leave anyway knowing that I would be terminated. However, there are statements on my termination report that are false; technically they are ''comments'' but they are untrue. From my knowledge, this principal has a history of providing false information to employers that call for references. I have been unable to get a job despite many interviews and several employers stating that they were ready to hire me after they checked my references. In most cases, I was upfront that I had a bad situation with my former employer and they weren't likely to get a good recommendation. Some even stated that it probably wouldn't be a problem, and yet these ''promising'' offers all seem to fall through.

What I want to know is whether I have a legal right, when denied employment, to know the specific reason OR to know what my former employer stated about me, particularly if I suspect that it may be false or misleading. If so, who can I request this information from--the prospective or the former employer?

Asked on 8/22/07, 4:25 pm

2 Answers from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

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Re: Rights to references given by former employer

First, you may not get many replies because the link that attorneys get to answer your email is defective, and must be hand typed with some missing parts. (Not your fault, but just so you know.)

The new employer is going to be reluctant to say much about why you weren't hired. This is especially so if they think litigation will result, even if the new employer won't be the target. However, the old employer is obligated to let you inspect and copy your personnel file at a reasonable time with reasonable notice.

You don't mention whether or not you are/were in a union. Many teachers are. Because you are no longer an employee there, they may not be able to help you get a copy of your file, but you might check with them and see.

Should you find something damaging in your file that is not true, particularly if it is easy to prove untrue, you may want to consult an attorney to approach the old employer about correcting their information or risking a defamation action. (An example of something easy to prove false is an allegation that you have a criminal conviction. Whether you do or don't is a matter of public record.)

Good luck.

Answered on 8/22/07, 4:45 pm

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