Navigating a Bad Reference from a Former Employer: What You Need to Know

In today's professional landscape, the trustworthiness of references is crucial, but not always guaranteed. Former employers can provide detrimental references for various reasons, including avoiding liability or fulfilling personal vendettas. This article aims to guide you through understanding why a bad reference might occur and what measures you can take to protect yourself.

Understanding the Risk of a Bad Reference

It's common for employers to avoid prolonged discussions about a former employee, especially if the termination was acrimonious. Typically, they will only answer two key questions:

What were the start and end dates of employment? Are they eligible for rehire?

If your former employer refuses to provide more information, such as a positive evaluation or the reason for termination, it can be concerning. However, before taking any action, there are a few critical questions to consider:

Key Questions to Ask

While you were employed, did your former employer:

Issue a published evaluation? Is the criticizing supervisor the one who initially evaluated you? Did they grant you a positive rating with a grading metric?

It's important to note that even if an evaluation does not provide an overall grade, it can still be subjective. Focusing on why the bad reference was given can help determine if there is legal cause for action.

Defending Against a Bad Reference

The best defense against a bad reference is to preserve all your evaluations. Personal experiences often highlight the importance of holding onto such documents, as they provide a tangible record of performance. Here’s a case study that emphasizes the value of keeping evaluations:

A Case Study in Evaluations

I am a federal employee, and evaluations are a crucial part of our professional landscape. Under the previous system, the Total Army Performance Evaluation System (TAPES) used a scale from 1 to 5, with a 3 indicating satisfactory performance. The new DOD Performance Management and Appraisal Program (DPMAP) has streamlined the scale, with grades 5 being the highest.

When my former military supervisors evaluated me, they provided negative references despite giving me positive ratings in written evaluations. For instance, a supervisor who rated me a 3 on TAPES claimed I was a poor performer. However, the 3 rating indicated satisfactory performance and not poor performance.

When confronted, I presented the original evaluations, which clearly showed a positive rating. Contradicting oral opinions with written evidence provided a factual basis for my performance. In some cases, these supervisors had even provided false statements to security clearance investigators.

Ultimately, the bad references were illegal, and filing an IG complaint led to the substantiation of my claims and the reprimand of my former supervisors. This case illustrates the importance of preserving evaluations, especially when they contradict the negative opinions provided by supervisors.

Legal Protection Against Bad References

While negative references can be detrimental, understanding the legal framework can help you protect your rights. Here are some key points to consider:

Slander: Providing a false oral opinion can be illegal. Defamation: Giving false information in a written reference can also be illegal if it contradicts official records. Opinions are not always protected by legal immunities, especially when they contradict official documentation.

Always seek legal advice when dealing with a bad reference, as the legal landscape can be complex and varies by jurisdiction. Keeping written evaluations can provide critical evidence to defend against false claims.

Conclusion

For individuals facing a bad reference from a former employer, it's important to understand the potential implications and steps to take. Preserving all evaluations, understanding the legal protections available, and seeking guiding legal advice can help ensure you are protected. Remember, the reference must be true; if it's not, you have the grounds to take legal action.