What can my old boss say in a job reference?

The reference can be a problem when it comes to getting a new job, especially if you’ve been fired from your old one. If your former employer says the wrong thing, it can very well mean you’ve lost the opportunity.

So, what can HR or your old boss say?

How the law works

In general, each state regulates what a former employer can and cannot say in a job reference. In general, information provided should be limited to your actual on-the-job performance.

This can mean many things.

In Maryland, for example, former employers can disclose information about your job performance, as well as why you left the company. In Virginia, former employers can disclose information about your “effort” and “productivity,” along with information about disciplinary action or performance improvement plans and overall professional conduct.

Perhaps your old boss just doesn’t like you

A lot can be said about your job performance in a reference, some of which may go outside of what the law allows in your particular state. Your old boss may give false information, for example, to damage your reputation, because she simply doesn’t like you. It may have nothing to do with actual performance, but it will likely cost you that new job just the same.

If this happens to you, you may have a cause of action.

Talk with an employment lawyer

At Alan Lescht & Associates, P.C., protecting your job is our job. If you believe that your former employer is railroading your future job prospects, call us at 202-536-3315.

You want to get that new job, not be shot down because your former employer acted unfairly.