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Tuesday, May 25, 2010

What type of Lawyer??

What type of lawyer would one need to contact if they are getting bad references from their present employer? My friend is out on disabilty, she is looking for a new job but keeps getting turned down because her current supervisor is giving a bad review of her.
Answers:
Really, all your friend needs to do is contact this former employer and politely remind him that the law says if someone calls him about a former employee, the only information he can give out is the dates she worked there, and anything else is an illegal violation of her privacy. If it persists, she can contact a lawyer who specializes in employment law, but they're pretty expensive.
You can't really sue someone for giving bad references. That'd be like me trying to get someone kicked out of freelawanswer.com s because they gave me a thumbs-down rating on an answer. It's unfortunate that it's happening, but tough luck.
However, if the previous employer is giving your friend bad references based on her disability (ie, ___ isn't a good employer because of her disability, etc) then call someone who specializes in disability law.
Good luck!
And if you are eligible to receive free counseling from an attorney of you local bar association, then go for it.
It would be a civil litigation attorney who has experience with defamation law.
However, in most jurisdictions, there is no cause of action against a former employer for a bad reference unless the statements being made are factually false, and the person giving a reference knows they are false.

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