Questions and Professional Answers

• Reference Letters

  I have reason to believe that my supervisor has written a less than stellar letter of reference for me. She has told me that she has written an excellent one, and that she wants to do whatever she can to get me to stay in my current job. She has never discussed with me any issues regarding my performance and I have received excellent yearly evaluations. What recourse do I have? My prospective employers require a reference from her.

  • Re: Reference Letters

    In giving references an employer is able to provide his/her own honest opinion with respect to the employee's performance. However, if an employer makes negative unsubstantiated claims there may be liaility for defamation, as well as a criminal penalty for blacklisting. I advise that you have an attorney review your particular circumstances.

    ruth kochard
    ruth e. kochard, counselor at law
    1211 Claxton Rd
    Richmond, VA 23238

  • Re: Reference Letters

    It would depend on what the letter said. If you could get a copy of it then maybe an attorney could advise you of a course of action.

    John Jackson
    Law Office of John A. Jackson, P.C.
    535 Stinson Drive
    Charleston, SC 29407

• bad reference

  I was just informed that the job I thought I had, I was not giong to be hired for, (even had the fingerprints done) because one of my former jobs gave me a bad reference. They will not tell me which one. What can I do? I don't want this to keep happening but I don't know who or why someone is giving me a bad reference.

  • Re: bad reference

    If you really want to know, you can file a John Doe suit for defamation and tortuous interference with prospective contracual relations. That will give you the ability to depose witnesses from the hiring company in order to determine where the adverse information came from and what it was. You can then take whatever action seems appropriate at the time.Because of the nature of the suit, you run a greater than usual risk of violating the rights of others and running afoul of the rules of court. So, I urge you to engage a lawyer to help you if you decide to go forward with it.See also: http://info.corbettlaw.net/lawguru.htm

    John Corbett
    Corbett Law Firm LLC
    303 Walnut Ave.
    Evesham, NJ 08053-7016

• reference

  Can a former employer give you a bad reference if you quit because you are going to school and they wanted you to work a different shift? And you find a job had that job and lost it because of your former employers bad reference.

  • Re: reference

    It is unlawful for the former employer to provide false information or unnecessary information intended to interfere with your ability to obtain a future position. From the facts you described, you may be entitled to bring an action against the former employer. You should contact an attorney to more fully investigate bringing such an action. I can be contacted at ad@bdlegal.com or the phone number listed in my profile.

    Andrew Dutkanych
    Biesecker & Dutkanych
    8888 Keystone Crossing, Suite 1300
    Indianapolis, IN 46240

• probate without lettters

  will was propated without letters & all i have is a copy of the deed & reference #.Will that be enough to sell my fathers house. he passed almost 3yrs ago

  • Re: probate without lettters

    If the deed is still in your father's name you will need someone who is authorized to sign the sales agreement and final settlement agreement for the sale of real estate. Additionally, if inheritance tax was not paid when your father passed away, the title search will reveal that and the settlement company will escrow for inheritance tax until they are paid since they are lienable against the property.If you need assistance, I give free initial consultations. Feel free to contact me.Hillary N. Snyder, Esq.Allegheny Attorneys At Law1330 Old Freeport Road, Suite 3BPittsburgh, PA 15238412.963.8495hillary@alleghenyattorneys.com

    Hillary Snyder
    Allegheny Attorneys At Law
    4290 Old William Penn Highway
    Monroeville, PA 15146

• Employee reference check

  Probationary employee was asked to resign or be fired. He resigned. He was told that nothing negative would be said on the employee reference check. Eight months and 6 reference checks later he has not been hired because of the employment reference check. The previous employer was quoted as saying ''he is not eligible for rehire''? What can the employee do? What is legal or illegal for the previous employer to say on a reference check?

  • Re: Employee reference check

    It is generally legal for the previous employer to provide factually truthful information, including the specific reasons they were terminated. That is basic First Amendment for the most part. Because of the volume of lawsuits filed against companies, they usually just limit it to dates of employment, or perhaps the statement you posted.On the other hand, if you had a contract wherein they expressly agreed to not say anything negative, it is a different issue. You'll need much more than you posted, AND arguably they really did not say anything negative about you.

    Scott Riddle
    Scott B. Riddle, Attorney
    Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
    Atlanta, GA 30309

• Reference from former employer

  When a perspective employer calls my former employer to get a job reference to see what type of employee I was etc. Is my former employer obligated to give that reference? This has happened two times in the last month. I can't get a job if they won't give a reference. Could this be a form of discrimination?

  • Re: Reference from former employer

    Refusing to give a reference has become quite a common (and probably wise) business practice arising out of employers’ of fears of getting sued (primarily for slander by former employees). Your former employers are under no legal obligation to provide a reference.

    Eileen Joyce
    Baughman & Joyce LLC
    2500 Brook Park Rd., Suite E
    Cleveland, OH 44134

• Bad Reference stops new employment

  I got a bad reference from a previous employer which they deny. The employment agency told me.Is there anything I can do? They said we cannot prove it since it could actually have been someone who previously worked with me. However, they said if it happens again we would know for sure. There was another co. which never called & I wonder if the bad reference is why. Background: I went on medical leave in 1999 & when I did not return after 1 year (required by IL law) they terminated me. I understand, but does it mean I will never work due to bad reference? I worked for 3 co.'s since, & medical problems are no longer true. Can they continue to give me a bad reference forever?About 15 years ago this same company (and I believe it's the same person) gave me a bad reference and refused to allow me to see my employee record. I called upper management who said there was nothing derogatory in my file, I was welcome to see it, and they had a position which they hired me for. I stayed for 6 years. I can call their supervisor but what should I say? Is there anything one can do or do you just have to quit the industry you are in and start over or go on welfare (which I don't want to do)Thank you,Carol

  • Re: Bad Reference stops new employment

    Bad references are not acceptable if there was no legitimate basis for them. Check with the employment agency and try to find out who gave the bad reference - then you do have an issue. However, you should probably put something in writing to your former employer pointing out your rights.

    Mary McDonagh
    McDonagh-Faherty Law Offices
    3310 North Harlem Avenue, Ste. 101
    Chicago, IL 60634

• Neighbor Harassment

  I have a neighbor that has been writing anonymous letters to us and other neighbors (Yes we know who it is) and this last letter that I rec'vd was slanderous and disturbing. It made us aware that she has been keeping track of us. She has knowledge of personal things that she should know. It was very disturbing and upset my entire family. She made reference to making a former tennant from the one rental house on the block ''sorry'' for having accused her of saying that she has been writing these letters. She also said that my ex husband shold have physically abused me. Sick stuff! Is there anything we can do to make this stop. P.S. She is obviously mentally ill, but we shouldn't have to keep the blinds shut during the day, Right?

  • Re: Neighbor Harassment

    Correct. She is guilty of Aggravated Harassment. It is an A misdemeanor and can cause her to be incarcerated for up to 1 year. Get to the police. Each letter to each neighbor is a separate count. You can also bring a cease and desist order and seek orders of protection. If you would like my help, follow the links below. Good Luck.

    Anthony Colleluori
    The Law Offices of Anthony J. Colleluori & Associates PLLC
    180 Froehlich Farm Blvd.
    Woodbury, NY 11797

• Bad job references

  My brother recieved a bad reference from his current employer to a place he is attempting to get work. His contract is up at his current job, and they have said they do not want him to stay. He said that a department head (not personnel) of the attempted place told him about the bad reference, and exactly what was given. He said the person that told him, even gave him the name. He wants to sue both his employing company and the person that gave the reference since he will not get the job due to the bad reference. He said it is illegal to give a bad reference, you can not say anything negative to a potential employer about anyone. Is that true? Can he sue his current employer and his supervisor for saying he was not a good employee?

  • Re: Bad job references

    It is not unlawful or actionable to provide a bad reference if it is truthful. If specific false statements are made, it may be grounds for suit depending on what is said, but there is no basis for filing a lawsuit if someone simply provides their opinion that you were a bad employee, that they would not hire you again, or similar statements.

    Roger Evans
    Mathis & Donheiser
    2001 Ross Avenue, Suite 3900
    Dallas, TX 75201

• Evidence

  What is and is not allowed to be submitted as evidence?Letters?Letters from an attorney?Bank statements and letters?Letters from a town written on their letterhead?Copies of e-mail?

  • Re: Evidence

    The answer depends on what you are attempting to admit and the purpose for the admittance. The effect of the admittance is also cosidered. It sounds like you are a pro-se, if you want direct support you can contact me at www.findctlawyer.com and I could provide some assistance. GOOD LUCK

    Nicholas Adamucci
    ADAMUCCI, LLC
    80 Fourth Street
    Stamford, CT 06905