One you sense that there is a problem with a former employer giving negative informiaton about you you must act. A great option is to consider having a reference check conducted on select business associates from your past. But avoid the temptation to have a friend or associate call and pose as a prospective employer – this attempt could backfire, and any unfavorable input obtained in this manner would be inadmissible for legal purposes. Instead, have a reputable third party like Allison & Taylor conduct these reference interviews on your behalf to best ensure that any negative input obtained can be legally addressed and neutralized.
If negative input from a reference is uncovered, what steps can you take? Your options will depend on the nature of the negative input. Where your reference’s communication was inaccurate, malicious, or wrongful you may have the ability – through an attorney – to pursue legal recourse.
When a reference’s negative input is not unlawful but is nonetheless restricting your ability to secure future employment, it can sometimes be addressed through a Cease & Desist letter. These letters are issued by an attorney and sent to the senior management of the company, alerting them to the negative reference’s identity and actions. (Oftentimes, the very act of offering a negative reference is against corporate guidelines, as typical policy is that only a former employee’s title/dates of employment should be confirmed.) In the interest of self-protection, the company will usually caution the negative reference not to offer additional comments or negative commentary again.
When handled correctly, the prospects for neutralizing further negative input from a reference are excellent. If concern about your references is causing you some sleepless nights, it’s never too soon to document – and address – what your references are really saying about you.