Employee Rights: Is it Illegal Retaliation if My Former Boss Gives Me a Bad Reference?
93Bad References: But I Thought I was Free From This Jerk!
It's finally over! You're done with your job, where you toiled under a bully boss who subjected you to a hostile work environment. But before your even done celebrating your new found freedom, you suspect that the jerk is still reaching from your former company to hurt you and your career. Twice you have been "the final candidate," for a great new job. Your interviews went great. You really like the new people you would be working with. The final hurdle, the new employer told you, is just the reference check. "I'm sure there won't be any issues," they told you. After a week you started worrying, and a few days later a sterile sounding form letter comes in the mail: "We're sorry to inform you that your were not the best fit for New Company, Inc. We wish you the best...."
What happened? They loved you at the interview. You nailed every question they threw at you. All that was left was the reference check.... the reference check! You realize that the bullying jerk you used to work for is probably saying bad things about you when he is called by your potential new employers. Even though you are outraged, you are not surprised. This boss loved to abuse employees. He actually appeared upset that you were leaving the company, as if he would miss having you under his thumb each day... so what can you do to cut off his abuse for good?
Even Former Employees Have Rights
Just like a family that legally splits apart, your relationship with your old company is never truly over. You have ongoing obligations to keep private any trade secrets that you learned. You are obliged to not use the company's intellectual property for your own profit. And most importantly here, neither you nor the company say untruthful things that are damaging to the other's reputation.
If your former bullying boss is making untruthful statements to reference checkers who call about your past job performance, you have not one but two potential legal remedies that you can hit him or her with. As you may have guess, the law most former employees use in this situation is defamation. I have a related Hub that thoroughly covers suing a former employer for defamation. This Hub will focus on the second way of using the law to strike back at your abusive former boss: suing for discriminatory retaliation.
The Supreme Court Weighs In on Retaliatory Job References
Supreme Court: Bad References Can be "Discriminatory Retalition"
In 1997 the United States Supreme Court ruled that a former employee, Robinson, could sue her powerful ex-employer, Shell Oil, under the Civil Rights Act for giving out retaliatory negative job references. Robinson v. Shell Oil Co., 519 US 337 (1997).
In that case the employer, Shell Oil Co., fired its employee Charles T. Robinson, Sr. Robinson, who was African-American, immediately filed a complaint with the EEOC alleging that Shell had fired him because of his race. While his EEOC discrimination complaint was working its way through the system Robinson began to apply at other companies in an effort to get a new job. One company Robinson applied to contacted Shell seeking feedback on Robinson's work. According to Robinson, Shell gave him a negative reference not because he deserved it (he didn't), but because Shell was upset about the EEOC complaint and wanted to "get back at" him for filing it.
The reason this case went all the way to the Supreme Court is because the Civil Rights Act (often called "Title VII") prohibits employers from retaliation against employees who file discrimination claims. Shell argued that since Robinson was no longer an "employee" then he was not protected by the Act. The trial court (called "District Court") agreed with Shell. When Robinson appealed, the Fourth Circuit Court of Appeals also agreed with Shell. But when the case went to the Supreme Court, the Justices voted 9 to 0 that Title VII does protect former employee from retaliation, as well as current employees.
So what does this mean for you?
Target Your Former Boss With a Retaliation Claim
Retaliatory Negative Job References: Fighting Back
Because of Robinson v. Shell you can file a complaint with the EEOC, and if your company gives you a negative reference any time after that it will appear that the company is trying to retaliate against you for the EEOC complaint.
One key here is that you cannot file with the EEOC because you believe your bullying former boss is going to give you a bad reference. You only can file with the EEOC if your employer let you go because of your protected class status (See my Hub on "Protected Classes"). Robinson filed with the EEOC because he was African American. You may be able to file with the EEOC because you were fired due to your race, religion, color, national origin, gender, age, disability, veteran's status, or pregnancy (other protected classes exist as well).
Then, after you have filed with the EEOC, your former boss will not be able to retaliate against you with negative job references; you will be protected under federal law, and finally be able to put an end to his or her desire to "stick it to you" even after you've broken away from that hostile work environment.
You Can Break Free & Stop the Retaliatory References
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As a former employer my attorney always instructed me to never say anything negative about the person. I was told to only answer basic questions about their employment.
DrKing, I think your attorney was giving you sound advice. I wish more employers acted like you and followed their lawyer's counsel. Kudos to you.
after working for one boss for 31/2 years,with no known problems (that I was aware of) I was suddenly transferred to a different location, "to assist the director with her duties" and to "make it easier for me to commute". (hah!) My transfer working under this director ended in my terrmination ("removal from my position")The instances of working in a hostile environment were numerous, nick-picking, accusations, so-called "performance issues". All this led up to me being put in a position that paid much less than I was making and being humiliated. I went from an administrative position to a janitorial position. This all stemmed from a discrimination complaint I made against the director to our so-called dispute resolution office. I have since filed a complaint with the EEOC and have secured the services of an attorney. I am actively seeking other employment as the salary I am making as a janitor cannot even pay for gas for my car. After working over 23 years for one employer with a stellar reputation to working for a company for 4 years and being terminated is more than I can bear. At my age I can ill afford to live under these conditions and am determined to take this employer to task for their harrassment, discrimination and unfair treatment. I found out that this company has numerous discrimination lawsuits filed against them. How are they still in business is beyond me. Any suggestions?
You should definitely make your attorney aware of the past discrimination suits against this company. You also should make it clear that you won't tolerate any negative comments to potential employers -- if you think they giving you bad references. You are doing most of everything right. Get plugged into a support network is also important because it's a long fight. Try http://www.undercoverlawyer.com/forum/
WOW, love the article! There are so many bullies in the work place. You are "IT" for directing people who are suffering from this issue now. Too many people run from battles and dismiss them as conflict and drama; people don't want to help others fight. This article is inspiring to me!
I worked for my boss for 3 years, I was a dedicated, hard worker whom he could count on at a moments notice. There were only 4 people at any given time working in this office. The office manager had a very close relationship with the boss and because of this she tended to be lazy, and when she was given work to do would hand it over to me so she could spend the day on facebook or myspace. The boss knew this but turned a blind eye unless it was someone else doing it, then it was grounds for dismissal. I took this abuse and more that I have not mentioned for almost 3 years. I decided in july of this year to give notice, I gave them a whole month to find a replacement. In August they still had not found anyone to replace me and I was talked into stay on part time on the understanding that I was going to have surgery in september and I would be out for six weeks. Well long story short I had my surgery but they were calling me the day after it to find out if I was ready to come back to work. a week later I gave in on one day and spent the next week recovering. Everyday they would call to ask if I was ready and when I said no they would become upset. Anyway I decided not to return so I wrote the boss a letter telling him why I was leaving and asked for the reference letter he promised to write me when I had given my notice 2 months ealier, he refused. now I believe he is giving me a bad reference, how can I find out if he is and what can I do about it?
Thanks
No one could be in a worse situation than me. I use to work for a bank. I suffered due to the result of a mind game played on me. Then a while later, i was forced to resign. I had trouble getting work for years until someone told me there was a message on my file which said DO NOT REHIRE. I even got a job back in the same company as I desperately needed money. In calling to make sure it was alright, a short time later, I was told the job was no longer there. I have been out of work for almost ten years now. My life in a way has ended, but before I go down completely, I plan to sue this bank for what it did to a woman that didnt deserve the treatment. In a way, what happened to me, took away my shyness and insecurities. Although I have battled ill health which was later contributed because of my long term unemployment, it made me tough mentally. I will enver work for a bank again and I think anyone who is half decent should do the same.
I've always suspected my former employer has been giving a bad reference, retailation due to internal click biases, not job performace. Having a MBA degree, I have been taught to identify actions, questions and statements which not only protects the employer from crossing the acceptable legal lines, but also to hold the banner of high ethical standards in business practice. Unfortunatly, corporations often frame cleverly worded vision and mission statements designed to act as guiding principles for all to live by. . . .until, someone proactively identifies a potential risk that reveals actions of the internal circle designed to set up employees to be cut from the group. All employers operate in this fashion in some degree and generally speaking, if you see it and keep your mouth shut about it, then it places you on the road of internal click acceptability. This is, what I call "a corporate click culture". It is also the reason why most employeers in positions of authority and corporate power, do not like employees to improve their education level which challenges and provides the tools to unravel the illusionary tactics of unethical leaders. Dispite having over 21 years in my field, numorious high level performance ratings and job performace evaluations by clients, the power this internal circle corporate click has to distroy careers should be illegal and would be illegal if revealed in the light of day.
My God what is happening in our workforce.
I've in my 20's and have spent the last 3 1/2 years working in a hotel. When I first started, the hotel had only been opened 2 months and everything was a mess, nobody knew what was going on, how to do anything, and everyone was constantly gossipping & badmouthing each other, etc. I figured this was something that would go away in time once everything and everyone got settled in. The Manager & Head Housekeeper were on good terms, and had one or two of their family members working there as well.
After 3 years, almost the entire staff is made up of relatives of the head housekeeper & manager. I have seen and heard them bad mouth people who were some of the hardest workers ever, just because they wanted a family member to get the job instead of someone who wasn't related to them. One woman quit the job after a week because the head housekeeper was on her case every minute of the day, yelling and being very rude, and they actually photocopied her resignation letter and posted it in the staff room, where the housekeepers wrote nasty comments about the poor woman on it.
When I finally quit because I just couldn't handle it anymore, I gave 2 weeks notice and began looking for other jobs. Since then I've gone to countless interviews, a lot of them I was pretty certain I'd get the job...but I never did hear back after any of the interviews. After being unemployed for months, a friend told me about an opening at their store, I went in for the interview, and the next day they called me to tell me that their manager had called my old manager...and he had given me a bad reference. He had told them I was lazy and napped at work, showed up late constantly, had bad manners, AND that I had repeatedly slept with guests at the hotel.
I couldn't believe myself when I heard this, and I'm honestly still so mad about that it's hard to stop myself from going over there and slapping him. I don't understand how ANYONE can do that to someone. I have had to ask family and friends for money for rent and groceries because I haven't been able to get a job, all because these people think its funny to toy around with peoples livelihood.
I left a job a few years ago on what I thought was good terms. I returned after a 1 1/2 years and applied for my old position (there were four available). I was told I would not be hired back. I have been back a year and still have not found permanent employment. I am currently working as a contract RN for very little pay compared to my old job. A doctor I work with now has a position in his clinic. He asked me why my old employer won't hire me back. I don't recall ever telling him my ex employer won't hire me back. He has asked me two times about this. I doubt I will be getting the job in his clinic but how do I find out how he got this information? Beside outright asking him.
What a great hub. Very imformative.
I was working for a company for 5 and a half years. About 2 years into my employment I was turned down for a position I qualified for due to the fact I worked that position for a year and a half. The men that worked that same position was called back when the position opened up again. I went to the General Superintendant and he told me he didnt want me in that position at this time, I asked him if he had a problem with my job performance and he said no. So I filed a discrimination case with EEOC and they denied the claim.
I left that job a few monthes ago under good standing so I thought.
I applied for a job through a subcontracting company in a sister yard in a differant state. The subcontracter E-Mailed me and told me I was denied for rehire.
Is there any way I can find out why I was black balled from this company?
I strongly believe I am being retaliated against. Luckely I have not had to go through them for a referance as of yet.
im 47 and i have a two yr degree. get as much education as u can, or you will end up being treated like garbage at most jobs...if you r not a boss. I went to Penn State, but had no clue what I wanted to do, so eventually I got my associated degree...bullshit degree. Thank god I have my wife, wo I met wen I was 19, for moral support. The jobs that I have had don't care about an employee...it's like a revolving door. Thank god I have parents who can help me out monetarily as well. If anyone can relate to this, feel free to give me your input.
How can I prove if my former boss is giving "negative" comment/reference about me to the new job I'm applying for?
Hi Nicole. Good question. I would like to find out this as well. I have had trouble getting jobs and interviews any time I put down my last job on my resume and strongly suspect that it is because I left that job on bad terms with my immediate supervisor. It is unbelievable what they'll do to someone who worked hard for them, got good reviews and literally thousands of dollars in bonuses every year.
Harry Paul 2 years ago
I quite appreciate and agree with the points expressed over here specially about the career damages that bad bosses can do. Dealing them in a professional manner can save us a lot of effort from our end.