Can you lose a job offer because of references? (2023)

Are jobs allowed to give a bad reference?

It is commonly assumed that a previous employer must give a reference and is legally prohibited from giving a bad one. This is not the case. Your employer can give you a bad or unfavourable reference, but only if they genuinely believe it to be true and accurate and have reasonable grounds for that belief.

Your old employer doesn't have to give you a reference - but if they do, it has to be truthful and fair. You might get a bad reference if you've been sacked for poor performance or misconduct.

Speak to the Candidate

You might think that you shouldn't tell the candidate about a bad reference. While you should keep the source anonymous, it's worth asking for their side of the story. You can explain that there are concerns about an aspect of their application and former employment.

Find new references

If the initial reference has yet to respond to your requests, then consider selecting another to speak on your behalf. The hiring employer may have a deadline to submit your reference's contact information so finding a new one can help you be more productive with your time.

If you've lost out on a job because your employer gave you an unfair reference, you might be able to take them to court. Going to court can take a long time, and you might not win your case. For many people, it's quicker to look for another job or ask someone else to give a reference instead.

You shouldn't discuss personal details about an employee, which can include references to her race, religion, age or disability status. Also, you should never discuss ethnic origin, marital status, parenting responsibilities or sexual orientation during a reference request.

What information should your former employer provide? If your former employer is regulated, they should provide a reference that goes back 6 years.

Performing reference checks is a crucial part of any company's screening and hiring process. Reference checks can reveal good insight and details about a candidate that other background checks don't provide—details like how they work and communicate with others, professional relationships, job-related skills, and more.

Are reference checks serious?

If an employer is checking references, it is a good indication that they are getting serious (and very close) to making you an offer on the job you've applied and interviewed for. Do not assume, however, that you have the job in the bag just because an employer is checking references.

Remember this: When a hiring company makes a call to your references, it's almost always a good sign—so you can breathe easy. A reference check typically means a hiring manager is near-ready to extend an offer to a candidate, and they want one final confirmation that you are the right fit for their team, Foss says.

Do employers always check references? Essentially, yes. While it's true that not 100% of Human Resources (HR) departments will call your references during pre-employment screening, most do. If you're about to begin a job search, you should expect to have your references checked.

In addition to cross-checking the information you've provided and getting an idea about your work ethic, they may ask about other details as well. For example, some employers will ask why you left your previous job, how long you worked there, and more.

You might think that references are really not that important, but actually they are. You might be tempted to bypass the process of getting references, but don't. References are important because they serve as proof and certification of your work attitudes and experiences.

Are there legal ramifications for badmouthing a former employee? If a former employer is accurate and factual in their reference, they are within their legal rights to disclose that information. However, if they're giving out false information, you should see an employment lawyer.

Call the human resources department and tell the representative when you worked there. Ask about the process for obtaining a copy of your file and then ask what is the company's practice for providing references and whether you're eligible for rehire.

Dismissal (also called firing) is the termination of employment by an employer against the will of the employee.

Being dismissed from employment is not a legal matter, so you do not need to disclose it to future employers.

Can a former employer tell a prospective employer you were fired?

Although laws in some states say that a former employer only can offer information about you with your consent, most state laws allow a previous employer to not only reveal that you were fired, but also the reasons why -- as long as the information is true and accurate.