New Jersey Employee Rights laws protect individuals from bad job references that are untruthful or not based on an opinion. Accordingly, an employer can not give you a bad reference if they do not have knowledge of the bad performance and it if is relayed to the inquiring company as being a fact. If your employer misrepresent your performance, your reason for leaving, or any other information relayed to a potential employer, you may have a claim for defamation. Please keep in mind that job defamation claims are extremely difficult to pursue and rarely successful. You would need to be able to prove that your former employer intentionally damaged your reputation by providing false statements to your prospective employer. A former employer will not be liable for statements made in a legal proceeding or governmental background check.
If you have any questions regarding whether your former employer Can Give You a Bad Reference, please contact a NJ Employment Attorney.
About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.
Thomas A. McKinney, Esq. is an experienced New Jersey Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. If you have questions about this article, contact Thomas today by clicking here.
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