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

FAQs

What happens if one of my references don't answer? ›

Apologize to your potential employer for the inconvenience and try to get in touch with the reference to see if they're available. Offer to provide alternative references if you can't get in touch with your original reference and resolve the issue. Ask for your reference's permission before using them.

If a reference comes back and is considered unsatisfactory, the job offer might be withdrawn and lead to your dismissal.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.

A lot of employers will conduct reference checks especially if you are indeed the final candidate or one of the two last candidates left for the job. Sometimes they may do this if they have three people they are seriously considering for a position and it typically comes before they make an offer.

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.

Poor references are a deal-breaker in the job search — at every level in every role. Make sure you take the time to manage your references well before the offer stage so that you sail through a reference check.

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.

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.

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.

What is considered a bad reference check? ›

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.

Even someone you worked for a few years back could prevent you from getting a job if they give a company reason to be concerned about hiring you. Some companies have a policy of not providing anything beyond basic verification information like start and end dates and position(s) held.

Poor References

Usually, references are checked during the interview process. However, some employers wait until after the interview, and even after the job offer, to make contact. If you have provided them with outdated contact information or a bad reference, your job offer could be rescinded.

With a conditional job offer, an employer can withdraw a job offer if the conditions of the offer are not met. For example, if references show the applicant might not be able to do the job.

If your old employer doesn't want to give you a reference, you could ask them just to give a short one - known as a 'basic reference'. For example, they could confirm when you worked for them and what your job title was. A lot of employers only give basic references, so your new employer won't think it's unusual.

These can range from a substantial reduction in your marks (or even a mark of zero) which can affect your final degree classification, to a formal misconduct hearing which may result in your being asked to leave the University.

Typically reference calls are about 10-15 minutes, sometimes up to 20. It's rare for them to take up more time than that.

If you forget or miss a citation, then the impression you are giving is that the work is your own, when it is in fact someone else's. This is called plagiarism and is a form of academic misconduct. Typically plagiarism is due to unintentional, inadequate referencing, but it can also be deliberate.