References and Retaliation

After an employee leaves a position, it is possible for the former employee to be asked for a reference by a new potential employer. When giving a reference, it is important to be honest. Honesty is important and it is crucial that references not be embellished, either positively or negatively.

When giving an embellished reference, it is only when the reference is negatively embellished that a company runs into problems legally. If, when a reference is asked for, the former employer recites every last thing the employee ever did that was not positive, making the employee seem like a bad person to have around, the former employee may be able to file a defamation suit against the former employer.

There are more problems when a lawsuit has been filed against the former employer for employment discrimination grounds. The employer should not refer to the lawsuit to the individual that has requested the reference. This can be seen as taking a retaliatory action against the former employee, which is prohibited.

If the lawsuit is referred to in the reference, it is possible that the individual may not be hired by the new potential employer. Because of that, the former employee may be able to file a lawsuit alleging retaliatory actions, on top of the already existing employment discrimination claim.

Also, when giving a reference, it is important only to comment on things that are known about the employee. If there is no one left in a department who actually worked with the employee or the manager only worked with the employee for a short period, it is crucial that the person giving the reference not comment on things he or she doesn't know about. At this point, it may be acceptable only to say the dates of employment and recite anything found in the file, but nothing beyond that.

Contact a Houston Employment Attorney

If you have had your employment opportunities diminished by retaliatory references, contact the Houston employment attorneys of the Ross Law Group at 713-482-6910.