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can you sue your former employer for giving you a bad reference?

An employee you fired has given your name as a reference for a new job. You'd like to save someone else from trouble by telling the prospective employer what you know. However, your lawyer has advised you not to give out references.
If you haven't listened to that advice before, you'd better start listening now. For the past decade, attorneys have advised employers not to provide references because a former employee might sue over defamation. In February, the U.S. Supreme Court issued a ruling that gives employers an even stronger reason to clam up. The ruling effectively extends the reach of federal anti-discrimination laws to former employees, who may now sue you over a bad reference by claiming your motive was retaliation.,2361,227330,00.html
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Definately start talking to some lawyers...if a bad reference cost you a job, you definately have a monetary claim. Hit em' up!
Hmm seems like this one's been bumped up. Anyway, I guess when the bad reference isn't truthful and it's done just to destroy your image... start talking to your lawyer and I guess there's a case you can file.
I know this has been viewed in a while but I remembered the thread upon encountering this article and might be beneficial to others in the same situation. According to it, you can claim damages in case a former employer gives you bad reference. The difficulty lies in proving that this was actually the case and that it was used to decide against your employment, but in case you have sufficient evidence, I see no reason why you shouldn't.
Yes you can if there is a need. I worked as a Customer Support in software compnay and had some disagreements so they mentioned some negatvie reviews regarding me anyway a realestate agency which sells condos hired me on probation and decided to test me rather than beleving in my experience letter, so my former company was inches away of getting sued if my current company didn't hired me.
The answer is yes! You can file a lawsuit against your former employer for giving out negative references about you. You can potentially sue for defamation. This requires that you meet certain criteria.
  1. Your former employer must have made false statements about you.
  2. They must have published these false statements to an employer you applied to.
  3. Your former employer must have known with certainty that these statements were false.
  4. The statements made are not covered by the legal immunity of privilege.
  5. You must have suffered from these statements being made, such as losing out on potential earnings.
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