- You always can contact someone that can give a reference to an employer. The previous employer has the right to give an honest and accurate portrayal of your work as an employee. However, you can ask that the employer stop giving a negative reference and offer a neutral review or decline to comment. You might even pretend to be an employer calling for a reference so you can hear what the employer says about you.
- Ask the hiring manager what the previous employer said about you or do some undercover work. Some companies will call your references for you. If you think a previous employer gave a false representation of your character, you should talk to the company's human resources department about the review and that you feel it is defamatory. Defamation lawsuits can cost a company tens of thousands of dollars, so even the hint of a case can put a stop to a bad or false reference.
- Instead of listing a reference and hoping for a glowing review, call your references before you give them to another hiring manager. Reach a consensus with the previous employer about what he will say to prospective employers. Ask the boss about your qualifications and accomplishments. If the boss does not remember what you did, it will probably become a poor reference. Also, get updated contact information for your old boss. If he leaves the company, his replacement may have no idea who you are.
- If the employer refuses to change what he says in a reference check and you feel it is an accurate review of your time at the company, start doing some damage control. Talk to prospective employers about why a previous employer might give you a bad review. You can frame the situation more in your favor than if the employer finds out when he calls. For example, you can tell the employer that you had an excellent run at the company, but a relationship with a boss soured at the end of your tenure.
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Defamation
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