{"id":357760,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/hiring-process\/is-a-former-employer-s-bad-reference-illegal.html"},"modified":"2026-06-23T16:30:58","modified_gmt":"2026-06-23T21:30:58","slug":"is-a-former-employer-s-bad-reference-illegal","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/is-a-former-employer-s-bad-reference-illegal.html","title":{"rendered":"Can a Former Employer Give a Bad Reference? How To Determine When It’s Illegal"},"content":{"rendered":"\n
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Can a Former Employer Give a Bad Reference? How To Determine When It's Illegal<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A former employer<\/span> can legally give a bad reference<\/span> about your work performance, attendance, or conduct, as long as the information is truthful. False statements<\/span> that damage your reputation may constitute defamation<\/span>. Some states also have blacklisting laws that prohibit employers from maliciously preventing you from finding new employment<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In most cases, it\u2019s permissible for a previous employer<\/span> to share truthful information about a past employee with a new employer<\/span>. The law supports giving honest opinions about how someone worked, whether positive or negative. If an employer goes too far and tells lies, it could be a violation of\u00a0defamation<\/span> laws<\/a>. Defamation<\/span> laws make it illegal to knowingly share false information<\/span> about a former employee<\/span> when giving a reference to a potential employer<\/span>.<\/p>\n

This article provides an overview of when a former employer<\/span>\u2019s bad reference<\/span> is illegal. It also explains your options.<\/p>\n

Employer Defamation<\/span>: Facts, Falsehoods, and Opinions<\/h2>\n

A bad reference<\/span> from a former employer<\/span> can torpedo a job seeker\u2019s chances of landing a new job<\/span>. Straying from the truth by a prior employer can make a bad reference<\/span> illegal, but there are practical challenges with any defamation<\/span> case. These can be heightened in the context of\u00a0job references<\/span><\/a>.<\/p>\n

Discovering the reason a job applicant was denied is difficult, as job seekers are rarely notified of the reason they were not hired. As a result, the applicant might be left in the dark about negative <\/span>reference<\/span> checks<\/span> from a past employer<\/span>.<\/p>\n

Some states have stricter rules against retaliation or giving inaccurate references about a former employee<\/span>. For instance, under\u00a0the California Labor Code<\/a>, it\u2019s considered a crime if a former employer<\/span>, through disseminating false information<\/span>, tries to stop their ex-employee<\/span> from getting a new job<\/span>. Retaliatory comments and untruthful statements are always illegal, but a \u201cbad reference<\/span>\u201d is not unlawful if it\u2019s true.<\/p>\n

Company Policies<\/span> on References: Ask, but Don\u2019t Tell<\/h2>\n

It\u2019s common for companies to have policies that prevent\u00a0human resources<\/span><\/a>\u00a0(HR) representatives from sharing information when a prospective employer<\/span> asks about a previous employee. They might confirm that the person worked there and share the dates they started and finished, but offer little else. Many companies do this to avoid legal issues or problems with former employees<\/span>.<\/p>\n

The downside is that employees with great records might not get a helpful reference. Even worse, future employers<\/span> may have concerns if a past employer<\/span> doesn\u2019t give a positive reference<\/span>. While not ideal, these policies are legal.<\/p>\n

This fear of giving negative referrals can lead employers to pass along bad or dangerous employees. Cases of employees with histories of theft or sexual harassment<\/span> repeating their behavior in new positions have resulted in employers refusing to give any references except confirmation of employment.<\/p>\n

Qualified Privilege: The Employer\u2019s Defense<\/h2>\n

Your former boss<\/span> has a legal defense against defamation<\/span> if they give you less than a good reference<\/span>. The \u201cqualified privilege\u201d defense protects them if they give a prospective employer<\/span> a bad job reference<\/span>.<\/p>\n

To have qualified privilege, the employer must meet specific legal elements.<\/p>\n