My former direct manager gives me bad reviews. Can I use someone else as a reference?

Question

My most recent employer has been giving me a bad reference to new potential employers. I was offered a position, with a start date, and received a withdraw call 2 days prior to the start date. They stated it was because of my negative review from my most recent practice.

I worked there for 5 years, and it is my most recent position, so I have to keep it on my resume. Do I have to put the main office manager on my resume, or can I put a department manager as my reference? The department manager that I would like to use as a reference was not my direct manager, but she is a manager who saw my work and skills.

Depending in your location, this may need to go to an employment lawyer. Please tag for country and or state. — Old_Lamplighter, Sep 20 '17 at 18:49
It is not illegal, but it may be cause for damages to you if your allegations are accurate. Get a lawyer and see what they can do to help you. — IDrinkandIKnowThings, Sep 20 '17 at 20:03
Related, if not a dupe: https://workplace.stackexchange.com/q/23642/45671 — Herb, Sep 20 '17 at 22:01
They want to get feedback from someone in a supervisory position who has knowledge of your work habits. Departmental manager might not be good enough for some, might be okay for others. If you have a previous direct supervisor, that's usually fine. Keep in mind, *you get to pick your references.* While not ideal, I've gone with "I have no supervisory references for you," especially when I made the transition to IT and none of my previous supervisors were actually had IT technical skills, themselves (new employers wanted a supervisor who could also assess my technical chops). — PoloHoleSet, Sep 21 '17 at 13:48
Is the bad review malicious or is it simply a reflection of your work/behaviour? It makes a big difference. — user, Sep 21 '17 at 14:44
@ゼーロ - No, it might make a big difference from a moral/ethical assessment perspective, but whether to use them as a reference or not? Makes no difference. No one should knowingly use a negative reference, justified or not, as a work reference. — PoloHoleSet, Sep 28 '17 at 16:15

score 7 · Answer 1 · answered Sep 20 '17 at 20:15

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This practice in the United States opens the former employer to liability for slander and a potential tortuous interference with a contract lawsuit. I'd speak with an employment attorney.

answered Sep 20 '17 at 20:15

torogiant

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I don't think what you want is a lawsuit for damages beyond attorney fees but rather a consent agreement that prohibits the guy some saying anything against you directly or indirectly, whether or not you are mentioned by name. I would also remove any negative reviews that you've made, if you've made any. There is no reason to antagonize him to your detriment. – Chris E Sep 21 '17 at 14:19
How can providing negative feedback when specifically asked about someone's performance be slander or a liability? What is the point in calling a reference if they are not able to speak negatively of a person? – leigero Sep 21 '17 at 15:17
Important bit of info: http://smallbusiness.findlaw.com/employment-law-and-human-resources/employment-references-how-to-avoid-getting-sued.html?version=2 – NotMe Sep 21 '17 at 15:34
In order to get said agreement, the statements about the author would have to be false, and the author would have to prove they are knowing being made all the same (defamation). "Slander involves the oral "publication" of a defamatory remark that is heard by another, which injures the subject's reputation or character. Libel, on the other hand, is the written "publication" of a defamatory remark that has the tendency to injure another's reputation or character. what is being described here is slander by the way (verbal phone call) – Donald Sep 21 '17 at 17:46
@leigero, the truth can not be slanderous or libelous. Prior to the edits, OP stated that lies are being spread, in which case it would be libel(if written) or slander (if spoken) – cdkMoose Sep 21 '17 at 17:58
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@leigero my question had the company doing much more then bad references. including google reviews and company emails but this website said that I made it to personal with the other stuff and edited it out so now the questions does not make as much sense to the first few answers. – Christeena Sep 22 '17 at 17:12

score 4 · Accepted Answer · answered Sep 20 '17 at 19:44

Tell your prospective employers that your old employer is potentially committing libel/slander. Also inform your prospective employer that you have positive experiences with previous employers and would ask that your prospective employer contact the postive old employers instead.

My former direct manager gives me bad reviews. Can I use someone else as a reference?

2 Answers2