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Is it illegal to give a bad reference?

  • 29-09-2010 10:02pm
    #1
    MILF
    Registered Users, Registered Users 2 Posts: 375 ✭✭


    Hi all,

    Quick question for my friend. She is after getting let go from her job because she was offered it before the employer checked her references (not sure why tbh!) Anyway, one of her references came back and slated her because she had issues with bullying in the workplace, and for this reason, she has been let go. She wanted to find out of this first employer is breaking any law by giving her a bad reference.

    Thanks!


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Short answer no, it's not illegal to give a bad reference.

    Long answer; It's a relatively complicated matter. First and foremost the issue of defamation comes into it. If a previous employer says something which would lower your reputation in the eyes of others, *and* they cannot provide proof of what they're saying, then it's a civil matter and you could successfully sue. Defamation is complicated though and defamation suits can take years to come before a judge.
    She would have a right to know exactly what the previous employer said about her to decide if it was unfair.

    Data protection also comes into it, to a lesser extent, if the previous employer has revealed personal information about the person that's not relevant to their employment, e.g. "She had problems at home with infidelity which affected her work".

    So, it's complicated. If she has the inclination, she can speak to a solicitor to get advice on whether she should proceed with something. The general consensus when this kind of thing happens is that you should have a friend ring up looking for a reference for a fake job and have them make a note of everything the previous employer says. This is likely inadmissible in court, but it will help a solicitor determine if there's a valid civil case.


  • #3
    doz
    Closed Accounts Posts: 248 ✭✭doz


    Just to follow on briefly from the previous poster who has pretty much summed it up correctly, the crux of the matter is whether the reference is based on facts and whether it is a genuinely honest opinion. By way of a recent example, I am aware of a secondary school student who was attempting to gain a place in a particular college. That college contacted the principal of the school and asked for a written reference for the student asking a number of questions about subjects, attendance etc. The principal provided the reference and the student did not get a place in the college. The student was demanding a copy of the reference sent and threatening to sue the school. Even though there was no legal reason why he should have done so, the principal agreed to show the letter to the student's mother. The mother then claimed the school was at fault for a not giving a good enough reference, as she was not happy with what was written about her child's attendance. She was reminded that this was factual information and that the principal did not make a habit of writing false references to suit individuals.


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