Bad Reference After Being Fired? When It Is Illegal and What to Do

What an Employer Can Usually Say

There is no single federal law that requires an employer to give a reference or stops it from giving an honest one. Many employers only confirm dates of employment and job title because it lowers their risk. Others share more. Truthful statements about your work are generally allowed, even if they are unflattering.

Many states add their own rules. Some give employers legal protection when they share job-related information in good faith, and a few require employers to give a departing worker a written statement of the reason for a firing if the worker asks. Check your state's rules before assuming anything.

When a Bad Reference Can Be Unlawful

• Retaliation for protected activity

  The Supreme Court held in Robinson v. Shell Oil that the federal anti-retaliation rule in Title VII covers former employees. A negative reference given because you filed an EEOC charge, complained about discrimination or took part in an investigation can be unlawful retaliation. See the EEOC page on <a href="https://www.eeoc.gov/retaliation" class="text-primary underline" target="_blank" rel="noopener noreferrer">retaliation</a>.

• Discrimination

  A reference that is worse because of your race, sex, pregnancy, age, disability, religion or another protected trait can violate federal anti-discrimination law, even after the job has ended.

• False statements

  Telling a new employer something untrue that harms your reputation, such as a false claim of theft, can be defamation under state law. Truth is a defense, and many states protect good-faith job references, so these claims depend heavily on the facts.

• Blacklisting laws

  Some states have statutes that bar an employer from trying to keep a former worker from finding a new job. These laws differ widely in what they cover, so they need a state-specific review.

• Interfering with a new job

  Deliberately contacting a new employer to get you fired or to stop a hire, especially after you complained, can support claims beyond the reference itself.

How to Find Out What Your Old Employer Is Saying

• Ask a friendly contact

  A trusted former coworker can sometimes tell you what a hiring manager heard.

• Use a reference-check service

  Some services contact your former employer, pose as a hiring manager and report back in writing. Written results are more useful than your own guess.

• Have a neutral reference request sent

  A written request for the employer's reference policy, sent by you or by a lawyer, can show whether the employer follows a standard policy for everyone.

• Track the pattern

  Note dates when interviews went well and then stopped after a reference was contacted. A clear timeline helps if you need to show a link.

What to Do If You Think the Reference Is Retaliation

• Write down the facts

  Record who gave the reference, who heard it, the date and the exact words, if you know them. Keep any messages or recordings where the law allows.

• Save the earlier complaint

  Keep proof of any complaint, charge or leave request that came before the reference, since timing is key. See what to <a href="/blogs/how-to-document-workplace-discrimination-for-legal-case" class="text-primary underline">document for a legal case</a>.

• Mind the deadlines

  A retaliation charge usually has to reach the EEOC within 180 days, or 300 days in many states. Read the <a href="/blogs/how-long-to-file-employment-discrimination-claim-deadlines" class="text-primary underline">filing deadlines guide</a>.

• Check any severance paper

  Many severance agreements include a neutral reference promise. If you signed one, the employer may be breaking a contract by saying more. Our <a href="/blogs/severance-agreement-review-red-flags-before-signing" class="text-primary underline">severance review guide</a> explains what to look for.

• Pick your reference carefully

  Give new employers a supervisor or coworker who knows your work instead of the person who fired you, and say so up front.

If the Firing Itself Was Unlawful

A bad reference is often one piece of a larger problem. If you were fired after a complaint, a medical leave or a pregnancy announcement, read the signs of a wrongful termination. The reference may be one more fact that supports a retaliation claim.