Along with millions of others, you've been laid off and now you're in the market for a new job. Your resume is in order and maybe even have an interview or two set up. What more do you need? A good job hunting strategy includes lining up job references or "recommendations." If you're looking for a new job while employed, you may have to be extra cautious.

Many employers will ask for references when you apply for a job or sit for an interview. Often, they ask for references from one or more of your previous employers. This is expected - you're asking for a job, and a prospective employer naturally wants to know how you performed in your last job.

Unfortunately, it's not always easy to get a reference from an old employer. Worse still, a former employer's reference might have some negative information or comments in it, which certainly can't help your chances of getting the job. Know about these possible problems and how to make sure you have solid, positive references.

Cautious Employers

Your old employer may hesitate to give you a job reference out of fear. Many employers fear lawsuits by former employees who claim that a poor or negative job reference prevented them from being hired for a new job. Often, such lawsuits are for defamation or slander. This is when you claim that you suffered damages, like not being hired, because your former employer made false or embarrassing statements, either written or spoken, to a prospective employer.

Can a former employer make negative comments about you without fear of a lawsuit? Under the laws in most states, yes. It can make negative comments about you so long as it has a good faith basis for the comments. So, a former employer can tell a prospective employer that you had problems meeting quotas at times, or had attendance problems, or similar things if it has information to support those comments. Your past performance reviews or other employment records may contain such information.

If your employer gives you a bad reference that's unjustified or is meant to sabotage your chances of getting a job, and you in fact don't get the job, you may be able to sue for defamation or slander. In addition, you may be able to establish a retaliation claim. This is when an employer makes a negative comment based upon your exercise of a legal right or doing some "protected activity." For example, an employer can't give you a negative reference simply because you filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC), or because you filed a claim for workers' compensation benefits.

In the face of these things, some employers make every effort to avoid giving job references. If called by a prospective employer, your old employer may simply confirm that you used to work there.

Your Options

You may be able to secure a good job reference from your old employer, even if you think your employment record contains negative information or if your old employer generally doesn't give references because of the possible legal problems. For one, you can offer to sign a release promising not to sue your former employer for anything that may come out of a reference.

As for releases, don't be surprised if your prospective employer asks you to sign a waiver stating that you won't sue it over any negative information it gets and uses when making a decision to hire you. And, sometimes they ask you to sign waiver releasing your former employer from lawsuits over information it gives in your reference. This helps a prospective employer make sure it gets all the information it needs to make a good hiring decision.

Another option for getting a good reference is to ask your former employer to remove any negative information from your personnel or employment file. This can be tricky though. For example, say an employee has something serious in his file, like being suspected of stealing from the employer or being accused of sexually harassing a co-worker. If the employer removes that information from the file, the new employer may file a lawsuit against the former employer if the employee does the same thing again and causes legal problems for the new employer. So, the old employer may refuse to delete the negative information.

Still can't get an official, company-approved job reference from your old employer? You can use supervisors, managers, and co-workers for references. They can provide your prospective employer with valuable insight into your experience, work ethic, accomplishments, and character.

Don't surprise them, though, and don't be surprised by them. Ask for their permission to list them as references. And, get an idea of what they'll say if a prospective employer contacts them. You don't need a poor or negative job reference, and if you get the feeling that you won't get a good one, certainly don't list that person as a reference.

Related Resources on Lawyers.com^sm

- Contact a Labor and Employment Lawyer in your area, and read about Selecting a Good Labor and Employment Lawyer
- Need a Form? Access hundreds of Business Legal Forms, including an Employment Reference Request
- Read Looking for a Job? Check Your Credit Report and Discrimination in a Job Interview, or access more Job Hunting articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Employment topics

Related Web Links

- State Labor & Industries Websites