Some time ago a client came to me after being fired.  Let’s call him “Jack”.  Jack was stressed.  He and his family were worried they’d lose their house if he didn’t get a job soon.  Jack’s confidence was shattered.  And like anyone in his position, Jack wondered how being fired would affect his chances at getting a position in the (hopefully near) future.

The Old Boss

On most job applications a candidate must submit their former manager as well as position and company.  Jack asked me, “Paul, what should I do?  My old boss fired me and probably hates me.  In fact, my performance may have hurt her career and she may take it out on me by providing a bad reference when a future employer calls her!”

What should Jack do?

He had another manager who would rave about him, but this manager wasn’t his direct supervisor.  If asked, this person would have to say, no, he wasn’t Jack’s direct manager.  Then it would look like Jack was hiding something.

Would the old boss say bad things about Jack?

Is That Legal?

What can a former employer legally say about a former employee?  LegalMatch.com had this to say:

Previous employers can discuss anything they want with potential employers. Previous employers can give out any true job related information based on credible evidence without liability regarding performance, promotions, and disciplinary action. Previous employers may also give out their personal opinions. When giving references, previous employers should limit their responses so that only information requested is revealed.

Most lawyers will tell an employer to say as little as possible about a former employee.  For instance, lawyers generally advise employers to answer direct questions with as little information as possible.  Lawyers also advise employers that they should volunteer name, job title, and dates the employee worked at the company and nothing more.

Also, it’s worth noting that the State of California implemented laws to protect the former employer.

When Are References Not Legal?

When a former employer uses anything other than material facts related to an employee’s work, they cross the line.  Any information a former employer gives about an employee’s personal life is out of bounds.  Any information that is not factual crosses into the area of defamation of character.

How does this relate to Jack?

Jack should be aware that the reason for his dismissal is fair game during a reference check.  However, Jack should also know that any reasonably intelligent former boss or employer will be very careful in answering questions about Jack’s termination.  Jack’s former employer should be very conservative in how they respond to questions about Jack’s termination.  The potential for litigation always looms overhead in these situations.

How Did I Advise Jack?

As a Job Search Coach, it’s my responsibility to help Jack understand these issues.

More importantly, however, Jack purchased my services to help him focus and move forward in his job search.  The biggest thing Jack needed was to look ahead instead of behind him.

We all make mistakes.  Whatever responsibility Jack had in his termination is something that – if he’s as smart as I think he is – he’ll understand one day and use to his advantage.

Jack doesn’t have to understand it all right now.  His priority has to be supporting his family and that means letting his termination go.  Basically, I told him to “shake it off” and step up to the plate again.

As long as he did the best job he could at his last job, there’s nothing he should feel bad about.  I’ve seen his resume.  Jack’s done a lot of cool stuff and taken on a ton of responsibility.  He’s been successful in the past and will be successful again in the future.

Jack’s got a great deal of good ahead of him and I can’t wait to see him succeed!

For more information regarding the legality of references check out this article from LegalMatch.com and this article from Entrepreneur Magazine.