When looking for new employment a praising reference from a former employer can be critical in the employment search. With the poor economy, and the changing workforce, reference checks are on the rise. There is no mandate in New Jersey employment law that requires a former employer to provide a reference check for a former employee. But what if the former employer negligently gives a bad reference? Under New Jersey employment laws if a former employer gives a reference for a former employee, and is negligent in providing that reference, the employer's conduct is protected by a qualified privilege. Generally speaking, this means that the employer will not be liable to the employee in a defamation lawsuit unless the employer is found to have acted in a reckless manner. This is a high standard for New Jersey employment lawyers to meet.
So what can employee do to protect himself? One thing the employee can do is to negotiate a reference with the former employer. When negotiating a severance agreement, New Jersey employment lawyers typically request that the former employer provide a good reference, or at the very least, a neutral reference upon the request of prospective employers. Most employers are willing to provide the reference.
Of course, there are those times that the employee is not able to negotiate a severance agreement, or the employee fears that the former employer will give a bad reference upon request out of spite or for some other reason. Under these circumstances, the employee does have an option. There are services that will conduct a reference check with your former employer. The reference checks typically run between $70.00 and $100.00 and it might be worth it. If an employee gets a bad reference he may able to contact the employer and request that the employer cease and desist from providing bad references in the future. Most employers will cease and desist from providing bad references in the future out of fear from the exposure of a lawsuit.
