Question:

Is it illegal for a former employer to say bad things about you?

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I worked for a law firm, 5-years, I left due to the commute 2-years ago, they gave a letter of recommendation and they were in fact very difficult to work for, verbally abusive. They were giving me good recommendations until today, I didn't get a job because of what this law firm, attorney I worked for said, I asked when I filled out the app if I could get a copy of my background check, I got it in the mail today and what she about me made my cry for hours, the company asked: Ability to get Along with Others: Her answer was: Needs major improvement, she was always moody, hard to get long with, Best Job suited for Applicant: A job where she works without people. Now this is the women who wrote the letter of recommendation for me, I was there for 5-years, if I were that bad as she's saying, they why didn't they fire me along time ago, why write the letter. This is a small office, 3 attorney's to a staff of 2, I was one of the 2, the 3 attorney's are all related, my co-worker no longer works there and is to busy to be a reference. So, I am screwed, I have 3 interviews coming up, it's to late to change my resume for them, so I don't know how to explain it when the subject comes up of what my former employer will say about, I'll never get a job now. I'll have to take it off my resume and have a 5-yr gap. Isn't this illegal for a former employer to say bad things about you? Especially when they wrote me the letter of recommendation and has said nice things about me before? This is a place you just can't call or email and ask them why they did it, it will be much worse, they are the type to scream, yell, push you in the chair, very hostile. Now what can I do.

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  1. That was her opinion.  They asked and she answered.  It is not illegal if she is giving her honest opinion and not mis-stating facts..

    I would bring in the letter of recommendation and let them know, that now after the fact she has been negative about you.  Be pro-active


  2. If what they say is false, you could sue for slander, but the things you're mentioning are primarily opinions, which cannot be true or false.

  3. I believe they are only supposed to confirm your employment history without personal detail but it's difficult to enforce compliance. I would inform any potential employer that your previous employer was unhappy that you quit and you have reason to believe that they may try to sabotage your future opportunities as a result. Don't say anything else negative about your former employer other than what is necessary to make your point as that would not reflect positively on your character. The fact that you left the position of your own free will should give you some credibility.

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