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  1. #1
    Join Date
    Jan 2015
    Location
    Rowan, North Carolina, United States
    Posts
    3

    Default Can an Employer Give a Bad Reference Without Having Issued Warnings

    My question involves defamation in the state of: North Carolina. This is all hypothetical. I was working for a employer. I was pulled aside weeks earlier and told I was doing a great job. Never wrote up. Never counseled. Never told I was displaying poor performance. Fiancé and organ issues and needed surgical intervention and help during recovery. I received a doctors note under my name for my employer stating that.

    During this personal crisis I called my company the first day I was out and informed them. They said take as long as I need but make sure I get a note proving my absence was necessary. I turned my note in excusing my past absence and my recovery time. I came back into work early with 6 more excused days left. The next thing I know I am being let go.

    First it was I have so much going on they are just going to let me go. To which I replied I am coming back to work. Now if complications arise from surgery I can't make promises, but I am trying.

    Then it was I am doing poorly at work. Then I replied. Why am I hearing this now? As well that's impossible. You either use a bundle of conduit a day or you don't.

    He brought up a situation where I used four sticks of conduit. I replied that situation is being taken out of context. All morning that day I was helping unload heavy equipment. Cleaning a room that we had finished in. Hauling new supplies to work area. At the end of the day I was told I had to make a addition to pre existing conduit. Which I had to pull two sticks off. Cut the sticks to mount a box and run said 4 sticks to another junction box. It was all the job required. It was a wonder I finished it in a day being it was dropped on me 2 pm and we leave at 4 30pm.

    Any way in this situation is it lawful for employer to give me a bad reference with no proof, no write ups, and no warnings?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Bad Reference

    Yes.

    The employer can tell another employer exactly what happened.

  3. #3
    Join Date
    Jan 2015
    Location
    Rowan, North Carolina, United States
    Posts
    3

    Default Re: Can an Employer Give a Bad Reference Without Having Issued Warnings

    Well that's the problem. That is where my employer and me
    Disagree, and his (fact) is my slander. There is no proof to support his facts. Other than he baselessly let me go.

    If they say exactly what happened they don't have a leg to stand on.

    I have a outstanding work history. It's the only questionable one.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can an Employer Give a Bad Reference Without Having Issued Warnings

    "Doing poorly at work" is an opinion, and you can't successfully sue for defamation over an opinion.

    You state that the specific example of using too much conduit is accurate, even if you think it's unfair.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can an Employer Give a Bad Reference Without Having Issued Warnings

    is it lawful for employer to give me a bad reference with no proof, no write ups, and no warnings?

    Yes. It is lawful for an employer to give you a bad reference with no proof, no write ups and no warnings.

    The employer may legally give his opinion of your work, even if it differs from your opinion of your work, to anyone he cares to share it with.

    I hope this is now clear to you.

  6. #6
    Join Date
    Jan 2015
    Location
    Rowan, North Carolina, United States
    Posts
    3

    Default Re: Can an Employer Give a Bad Reference Without Having Issued Warnings

    It's unfortunate that this type if fact less hear say is tolerated. I
    An apprentice and he was culling the heard among electricians and given my circumstance I became a target. If wasn't out of work over a emergancy I know I would still have my job. Lesson learned.

    If a company has a bad reputation do not work for them. His personal opinion amongst friends I do not care for. His personal opinion on me at work is really troublesome.

    Considering he was never present. To actually witness me working is also just messed
    up. It looks like facts would actually be used professionally. Well thanks everyone.

  7. #7
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can an Employer Give a Bad Reference Without Having Issued Warnings

    Most knowledgeable employers will check more than one reference. Also, if someone has worked for a long period of time for one employer, and then suddenly is let go for "poor performance" that's sort of a red flag that perhaps there was more to the story and most smart prospective employers will not totally take the word of another employer as gospel. And that is what I'd say when asked about my situation with the past employer (hypothetically, of course!) I'd say, "Well, I worked there for xxxx and my work seemed to be suiting them fine, and then I had a few issues(all resolved now) for which I had to be away from the job for a short time, and when I came back I was unexpectedly terminated for performance issues. I had had no idea there was any problem. I always do my best on the job, as you can see if you contact xxxx company, where I worked prior to this."

    And whatever you do, do not make huge issues out of your reason for termination, do not start going into what he said, what you said, how much conduit you used or didn't use...etc. You're just cutting your own throat if you do that.

    This sort of thing is perfectly legal. Of course this guy was just culling you because you had had an issue, and he was looking for someone to get rid of. Therefore, his bogus opinion of you isn't really important in the course of things. If you were terminated in this hypothetical situation, you'd file for unemployment quickly (performance issues are very hard to prove, especially with no write ups or warnings) and you'd very likely be approved.

    Many times, these sorts of companies know the reputations of other companies in the same field. They may not be willing to take the word of this company and may realize that they tend to give bad references.

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