What if I think a ex-supervisor is not giving a good recommendation on past employment with my last job?

Question

Was laid off in January after being employed continuously for twenty-five months due to a slow down in work. Had a little problem collecting accrued vacation pay which resulted in Labor board assistance. I have a feeling that my old supervisor is not giving a decent referral or recommendation concerning my past job performance because of this, any suggestions?

Answer 1

This happens all the time, even though it is not legal  Unfortunately, there is nothing you can do but submit a complaint to the Labor board re: same and hope they can help with this as well.

And the above answerer is correct, yes, you would have to prove that this is happening, and that's very tough to do. Go back to the Labor Board and ask them to help, I'm sure they'll point you in the right direction.

Answer 2

If I were in your situation, and I have done this, is get a friend who works in HR at a company to do a reference check on you with your former supervisor. This way you can determine if he really is badmouthing you.

Yes, it is possible the former sup is badmouthing you but it's unlikely and rather stupid if he does. In the legal world it is perfectly within the law to give someone a bad reference. That is, if you prove it. It's in the real world that any experienced manager will tell you that you never give out a bad reference on a past employee. It's not because it's illegal, it's because there is a huge cost associated with it if the former employee decides to pursue legal action against you over it. And the cost is not limited to money but also the time, hassle and all round irritation! Legal action is time consuming, costs lots of money and requires the supervisor/manager to have to recount all kinds of details to the lawyers and possible in court (if it goes the distance.) It's simply not worth it. Better to just give a good enough reference that the former employee won't complain about it or at worst, just decline to give a reference. In the legal world, an employer is not required to give out a reference. Declining to give one is viewed as neutral, therefore, it is not "actionable" (can't sue over it.)

So, in summary, it's unlikely your former supervisor is badmouthing you although if he's inexperienced or plain stupid, he might. Just have a friend in HR at another company make a reference check for you and see what he says. I did it once and it turned out the reference was good.

Best,

-- Liam

Answer 3

I would stop listing this person as a reference. It's hard because they were your most recent employer but if it seems that this has happened more than once, you just can't risk it. You can try and gather a letter of recommendation from a different past employer or possibly another supervisor in this last job. Give that as a reference and then offer the supervisor's contact info for employment VERIFICATION only.  If there is no way to get another person to recommend you, I may speak with this former employer and see if you can straiten out what gripes they may have with you. This one person shouldn't keep you from other jobs.

Answer 4

1. seldom do supervisors ever answer request for references these are handled by HR and all they need is your personnel file.

2. they can release any truthful work related information and there is no law against it. the laws in every state protect employers who give out information as long as they provide truthful information

(in many states they can not be held liable even if the information is inaccurate as long as they believed it to be accurate).

3. by policy many employers only release hire and term dates as well as title and re-hire status.

4. short of finding someone to do a reference check for you there is no way to know what is released.

5. you need to show through your words and actions that you are the best potential employee for any given job and in doing so make any reference good or bad irrelevant.

Answer 5

well unless you can prove he is slandering you in some way, your best option is to stop using him as a reference. find someone else within the company if possible.