If you get a bad reference - Job references (2024)

FAQs

Can you lose a job offer because of a bad reference? ›

If a reference comes back and is considered unsatisfactory, the job offer might be withdrawn and lead to your dismissal. If you think the reference was misleading, inaccurate or discriminatory, you might be able to take legal action.

State And Federal Laws On Bad References

There are no state or federal laws that prohibit an employer, a coworker, or anyone else from providing a poor reference for someone else. However, an employer may cross the line and face liability if he or she makes an untrue statement about an applicant's performance.

If your reference is still not responding after multiple attempts, it may be time to consider alternative references. Reach out to other professional contacts who can speak to your skills and experience. This may include former colleagues, supervisors, or clients.

Speak to the Candidate

You might think that you shouldn't tell the candidate about a bad reference. While you should keep the source anonymous, it's worth asking for their side of the story. You can explain that there are concerns about an aspect of their application and former employment.

Legal Consequences for Bad Employment References

If an employer makes negative comments about you when they are contacted for an employment reference you may be able to bring a lawsuit against them for defamation. It's important to note though that the truth is a defense to defamation.

If you know there's a bad reference in your work history, try to counterbalance it with plenty of positive references. Give your potential employer a list of people who will sing your praises: other bosses, board members, vendors, volunteers, colleagues, etcetera.

In short, no. It is completely legal to give a bad reference as an employer to former employees. It comes down to the following: If an employer is giving out a reference to a former employee, it needs to be a truthful reference.

So, they go through the process but end up putting the hiring on hold. That could be what happened here. However, this is also likely: checking references is often done when they're down to two candidates they like equally and check references to break the tie.

Legal actions based on misstatements made in job references are typically based on defamation laws that prohibit anyone, including previous employers, from knowingly publishing or spreading false information about a former employee to a potential employer.

It's also common for hiring managers to check an applicant's references by chatting to the candidate's nominated referees or reading over their letters of recommendations. Reference checks tend to be the final hurdle; a sort of background check for the candidate's job history and credentials.

Do jobs check all references? ›

Does the employer call every reference? Most of the time, a potential employer will call some or all of your references before extending a job offer. In rare cases, an offer will be extended without checking references. However, you'll never know in advance so it's critical that your references are solid and real.

If you've made a list of references and are still falling short of the minimum three professional references, you may choose to look through your social media or LinkedIn. You may reach out to a former employer or a coworker who you used to work for. You don't always have to use current employers as a reference.

In fact, employers are legally permitted to say anything in a job reference about a former employee's performance as long as it is true.

References You Can't Get Ahold Of

Another sign of a bad reference check is the inability to get in contact with them. Candidates should make their references aware of a potential phone call or email from a hiring manager or screening service like GoodHire.

Remember that references can make or break your career. “Don't treat references as an afterthought,” Studner says.

Ideally, you should check references before you offer a job to a candidate. But if you moved quickly on your offer because you were afraid the candidate would be snatched up by another company, for example, and decided on checking references after the job offer, you can still rescind the offer.

Yes, but there could be legal consequences, so an attorney's advice should always be sought before rescinding the offer. Even if an employer has stated on all offers that employment is at will and can be terminated at any time, there is the concept of the employer making a "promise" of a job.