Last time we discussed how may job seekers are surprised by what their former employers are saying when called for a reference, in spite of state laws and company policies that state only employment dates and titles may be confirmed. So what can you do when you find out a former employer is giving negative input?
First, understand that any negative input a reference offers about you is not wrongful or unlawful per se. Negative input may be illegal – some categories include discrimination, defamation, retaliation, disparagement or sexual harassment. If a third party can document that a reference’s communication was wrongful, inaccurate, malicious and/or may fall under one of these categories, you may indeed have the ability – through an attorney – to pursue legal recourse.
In situations where a reference’s negative input is or is not unlawful but is restricting your ability to secure future employment, it can typically be addressed through the generation and transmittal of a Cease-&-Desist letter (again, through an attorney). Remember, unless required by law (and most states do not require that a former employer disclose information about your prior employment), former employers are not required to even respond to a reference request.
Cease-and-Desist letters are typically issued by the attorney retained to represent you, to the senior management of the company where the negative reference originated, alerting the management of the negative reference’s identity and actions. Typically the very act of offering a negative reference is against corporate guidelines, which normally state that only a former employee’s title/dates of employment can be confirmed. The negative reference is cautioned by management not to offer additional comments and – out of self-interest – will usually not offer negative commentary again.
If you’re unsure as to whether a negative reference is impacting your job seeking efforts, whom can you contact? Allison & Taylor, Inc. (www.allisontaylor.com), a reference checking service in business since 1984, will interview your reference(s) and document their input word-for-word. Approximately 50% of all reference checks conducted by Allison & Taylor uncover negative input from the reference; their report can be used for legal purposes or for the Cease-&-Desist letter described above.
A negative reference is likely to continue offering the same input to every prospective employer that calls unless you detect it and take steps to stop it. Job seekers can lose many opportunities before they realize what is happening. It’s never too early to identify – and address – a negative job reference.