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Employer Gave Bad Recommendation but I Signed a Separation Agreement

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  • 08-16-2012, 08:29 PM
    tonymac
    Employer Gave Bad Recommendation but I Signed a Separation Agreement
    My question involves labor and employment law for the state of: NJ

    I signed a separation agreement but my employer now just gave a very bad review to a reference checker that I had call.
  • 08-16-2012, 08:30 PM
    Dogmatique
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    Thanks for sharing your story.
  • 08-16-2012, 08:53 PM
    tonymac
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    so can I sue

    - - - Updated - - -

    Quote:

    Quoting Dogmatique
    View Post
    Thanks for sharing your story.

    a reply is appeciated. CAN I SUE or NOT
  • 08-16-2012, 08:54 PM
    Dogmatique
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    You didn't ask a question.

    Can you sue for what?

    Did the ex-employer tell any lies?
  • 08-16-2012, 09:16 PM
    cbg
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    The fact that you signed a separation agreement has no bearing on what your employer can and cannot say in a reference.

    The employer may give you a bad reference if he believes you earned one.
  • 08-16-2012, 09:20 PM
    Dogmatique
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    And further, his "opinion" is largely protected under the law. So are truthful statements even if they hurt your chances at future employment. Afaik (cbg?) a company cannot be compelled to give only neutral or positive reviews, nor are they required to give only dates of employment (though some companies do prefer the latter to avoid any hassle).
  • 08-16-2012, 09:27 PM
    cbg
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    Short of a legally binding and enforceable contract, CBA or likewise a court order after a dispute, you are correct. No law compels an employer to give neutral or positive reviews; no law limits an employer to only dates of employment, despite an incredibly stubborn and widespread rumor to the contrary.
  • 08-16-2012, 09:29 PM
    Dogmatique
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    Yes, I do rather wish that one in particular could be put to bed once and for all!

    - - - Updated - - -

    Ah. Here we go:

    http://www.expertlaw.com/forums/showthread.php?t=145298&p=639977&highlight=#post63 9977
  • 08-16-2012, 09:50 PM
    jk
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    Quote:

    Quoting tonymac
    View Post
    so can I sue

    - - - Updated - - -

    a reply is appeciated. CAN I SUE or NOT

    come on tonymac, you know how it goes. You ask questions, you usually get answers yet you start off with that first post with no question.


    In your separation agreement; was there anything addressing what the employer can say in when contacted for a reference or general information? If so, what. If not, then he can say anything he wants about you as long as it is not false.
  • 08-17-2012, 06:25 AM
    eerelations
    Re: Employer Gave Bad Recommendation but I Signed a Separation Agreement
    Posting history - OP is determined to sue, no matter what, just wants us to provide a reason.
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