Bad Reference

[shar4720122hotmail.com]

Jurisdiction

Arizona

Hello,

I have been applying for teaching jobs in the Phoenix area for several months. One district told me, I had a bad reference. I am pretty confident who that was. My other teaching jobs have all told me they gave "glowing" references. What recourse, if any do I have against that district bad mouthing me?

 

[adjusterjack]

What recourse, if any do I have against that district bad mouthing me?

Depends entirely on exactly what the people at the other district are saying.

What, specifically, are they saying?

 

[shar4720122hotmail.com]

Unfortunately, I do not exactly know what they are saying. I am working on that part.

 

[d1amund]

Until you determine exactly what was said, there's little you can do. And getting that information will not be easy, or easy to prove. If you know who is tarnishing your good name, remove them and all reference to them from your resume and application.

 

[cbg]

If the information is true, or if the person providing the information has a good faith reason to believe it is true, or if it represents the honest opinion of the person who is providing it, then the answer to "what can I do about it" is, Nothing.

 

[adjusterjack]

Unfortunately, I do not exactly know what they are saying. I am working on that part.

There are private investigators who can pretend to be a potential employer, call the former employer for a reference, and secretly record the conversation (legal in AZ) for later use if you have grounds to sue somebody.

Neither you nor your family or friends will know how to do that properly so it gets results. It'll be worth what you pay a professional to get it done right.

 

[shar4720122hotmail.com]

Thanks, I have already done that. Sadly, they have caused me much damage and contracts have been rescinded, due to a bad reference.

 

[d1amund]

Do you feel that you (or an investigator) can:

Prove the statements are false?

Prove who made the statements, to whom, when and under what context?

Prove that the false statements caused you to lose out on employment for which you are qualified for?

Prove that without those false statements you would have been a shoe in for the job?

If yes to all of the above...speak to a few local attorneys regarding a defamation (or libel if they wrote these statements via email) suit. Most attorneys will provide you a one hour free consultation to hear about your tale of woe; inquire about this when contacting them via the phone initially. Best of luck.

 

[army judge]

Thanks, I have already done that. Sadly, they have caused me much damage and contracts have been rescinded, due to a bad reference.

What you have learned so far is simply an oral summation of another conversation.

That's what the law calls hearsay.

Are job recommendations privileged communications?

You might want to peruse a recent law review article:

http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2008&context=wmlr

 

[Betty3]

Az. law provides immunity to employers that provide references IF in good faith. (If what they provide is true or they honestly believe to be true.) At this time it seems you do not even know what they MIGHT be saying about you.

 

[ElleMD]

A "bad" reference does not automatically mean what was said was inherently negative. It also does not mean what was said was false. The purpose of references is to give the employer another view of the person's abilities, character, and personality. What one person values or what gets results in one workplace will not necessarily be an asset in another and vice versa. When I was recruiting I both excluded candidates who had references who thought they hung the moon and hired candidates who had references who had unfavorable opinions about the candidate.

"He does everything by the book and will scrutinize every detail" may be a bonus when hiring an accountant, but can be off putting in a creative role in an office of free spirits.

To be actionable, what was shared would also have to be objectively untrue, not just that person's opinion or honest belief. "I think he would have difficulty working with children as he is not very patient", might lose you a job as a teacher, and might even sound negative, but if that person honestly holds that opinion of you, it isn't actionable.

 

[adjusterjack]

Thanks, I have already done that

With what results?