Is a Bad Job Reference Legal?

56529151Job seekers searching for a new job will have no choice but to go through a reference and background check. Today, employers choose to not only speak with your former employers, but also verify your credit, and conduct a criminal background check depending on the position for which you apply.

When it comes to checking your job references, employers will want to speak with two groups within your previous employer’s organization. First is Human Resources where they can find out about your employment dates, job title, salary, and your attendance.  Second are people who have first hand knowledge of your actual job performance, your ability to communicate, meet deadlines and your interpersonal and leadership skills. Typically, the best people to address these types of qualities are those who have worked with you directly – supervisors, peers and subordinates. But, what are these individuals legally allowed to say?

Legal Reference vs. Slander

According to the Webster Dictionary, slander is also known as “oral defamation,” or telling one or more persons an untruth that will harm someone’s reputation. When one person slanders another, there may be legal consequences. However, a  employer saying “he would not re-hire that person, or declare the said person is ineligible for re-hire” is not an attempt to harm someone’s reputation, it’s legal for an employer to provide such a negative reference of a current or past employee as long as the information is factually accurate

Because many companies are concerned about being dragged into a lawsuit, many employers choose to implement job reference-checking policies, which state that callers must be referred to human resources and that only limited information, such as dates of employment and job titles, will be verified.

How to Get the Job References You Want

The entire concept behind providing job references is to provide a list of individuals that can attest to your character and job performance. So, your first step should be to create a list of past supervisors, peers and subordinates who can provide a job reference for you.

When you provide contact information, make sure to include each person’s proper name, job title, organization, and a phone number where they can be reached. E-mail address is another huge plus since many employers find it easier to communicate and get a higher response than by phone. E-mail request for references also provides the perspective employer a more detailed record.

How to Deal With Bad Job References

Most employers want to seek out information from past supervisors. So if your reference list includes your mom and some buddies, and maybe a fellow co-worker, understand that most employment verification forms request the supervisors name, title and a contact number to be reached.  After all, everyone knows that the average job seeker is going to provide the names and numbers of those willing to endorse them. So, if you have skeletons in your closet, deal with them before your begin compiling job references.

According to an article by Alison Green, chief of staff for a medium-size nonprofit, you have three options:

  • Call your bad reference giving ex-boss and negotiate what he or she will say.
  • If you’re concerned your ex-boss is spreading misinformation, go straight to human resources and explain the situation.
  • Advise prospective employers in advance that the reference won’t be flatering, then be prepared to spend half the interview explaining why that is.

The whole concept of good job references is to present yourself in the best light possible. If you can’t offer up a long list of people who are willing to endorse you and all else has failed, you may wish to research some online job reference providers who may be able to help you.

Blogger Slams CareerExcuse.com

Blogger “I Love My Job” wrote a scathing blog about the job reference service careerexcuse.com provides to its customers.

She starts off by saying…

“I went to their website and was absolutely horrified at what I saw. They are serious. I don’t know when I have seen something as irresponsible and wrong.”

My God, you would think CareerExcuse.com was a online abortion clinic. Are we to somehow believe that modifying your resume to get a job is as “horrifying, irresponsible and wrong” as an abortion? Which the last time I checked, both was legal.

The blogger then goes on to say..

In every company I know lying on your resume is IMMEDIATE grounds for dismissal.”

So is getting sick and missing work during your probationary period, not following company instructions, and a hundred different reasons.  Every new employee has at least a 90 day probation period where you can be fired for just about anything.

Finally, the blogger rages on how…

“Let’s look at this predatory business model: encourage people to lie on their resumes, which will get them dismissed without references… help them fake references to get the next job, which they are likely to get fired from for lying…”

Fact is.  We open doors for job seekers who sometimes just need a second chance.  Many people make mistakes in their life, especially when going through a difficult divorce, illness, or other unforeseen events in their life.

Today’s job market is cut throat, and if you are in your final weeks of collecting unemployment benefits and are not even close to landing a job, drastic measures must be taken or you and your family can be out on the streets.  And if that ever happens to a job seeker with poor job references, I’m sure the blogger who took the time to slam CareerExcuse.com will be first to open her wallet for you…NOT!

What If I Get Caught?

300px-Resume1That is the most common question we receive when people inquire about outsourcing their job references with us.  When you subscribe to our service,  you are given a real company, with a real HR department that answer all inquiries and provide a positive reference.

For example, lets say you are applying for route driver position for a snack company.  You worked with a beverage company before, but you left without giving notice and don’t want to include them on your resume.

We will provide you with a real food/snack distributor company, with a real HR dept. that answer all inquiries with a positive reference and verify your employment dates and salary.  Our real companies will not only act as your HR dept, but your supervisor as well!   Your supervisor will have his own phone extension and email address.

As we all know, many companies are downsizing because of the recession.  On many occasions, we use this for your advantage by explaining the reason you left our company was because of the lack of work and corporate downsizing.

One final note.  Lying on a resume is not a crime.  A resume is not a legal document.  As you can see, using our companies as your references is foolproof.   The greatest risk is when you use a former employer as a reference and then cross your fingers they wont call.