Bad reference cost me a job

Headhurt, ADN · Aug 24, 2004

The last I knew, references of this type were illegal. The employer can say whether you worked there or not, how long you worked there, and if you are eligible for rehire...that is it. Any personal opinions were off limits, and it subjected the employer to litigation if they divulged any other information.

I don't know if this just applies to my state, or if it is federal...but I would certainly look into it.

WyomingRN · Aug 24, 2004

I know of no such law. However it is generally the policy of most employers no to make such comments as to avoid litigation. I understand that some union contract agreement address this issue limiting what can be divulged.

Personally, I divulge any relevant information such as repeated med errors, inability to handle certain situations or duties. I don't not want some patient being harmed or jeopardized because someone else hired an incompetent nurse.

It should be noted that I may be called upon to do this in the near future regarding a nurse that had repeated med errors and who was repeated talked to and warned. The final she worked she had 15 more med errors on just one shift. A new employer has a right to know what they are getting. A reference that says nothing is meaningless. A good law suit would be against someone who gave a reference that didn't include all the relevant facts.

To me, you should have asked them to get references from both the DON and the unit manager.

llg, PhD, RN · Aug 24, 2004

The DON at my last job loved me and promised me a great reference. But the nurse recruiter where I applied insisted on calling the charge nurse on the unit (said it's "their policy"). Well, this charge nurse never liked me and is an unsophisticated little dope who doesn't know the first thing about giving a reference...said a lot of untrue subjective things about me (said I was unable to handle stress, incorrectly stated I did not give notice, a lot more). This unfair reference cost me my dream job...I am in tears!!! Any way to salvage the situation?

How can you be sure that this "gossip" from the charge nurse is what cost you the job? I suspect there may be more to the story. Perhaps they are not telling you everything and you are overemphasizing the charge nurse's power in this case.

If you are 100% sure that it was ONLY the charge nurse's words that prevented you from getting the job, you might want to talk with your former DON. You might ask to see a copy of the reference she wrote and/or ask her to write another letter correcting the charge nurses false statements. She may also need to deal with the charge nurse.

If the job has already been offered to someone else, it's gone. They are not going to recind the offer to the other person. However, you may be able to prevent it from happening again by following up with your former DON.

llg

RN4NICU, LPN, LVN · Aug 24, 2004

I know of no such law.

Slander and Defamation - are the utterance of false charges or misrepresentations meant to defame and damage another persons reputation. It is illegal. Blacklisting - is the deliberate attempt to prevent or boycott a person from obtaining employment. It is also illegal.

dave1117 · Aug 24, 2004

with a business degree let me just say that you have the right to file suit against both the previous employer and the employer that did not hire you. Both are not following proper precedures for dealing with your confidential information. Simply speaking to the VP of Human Resources at both facilities and bringing this to there attention may get you what you want. And then tell them to go fly a kite...you may not want to work for such an institution.

dave1117 · Aug 24, 2004

Please be very careful with this reporting of information. If you are not authorized to relaease this info or if any info you release hurts this person chance for future employment you can be held liable. If I were you and you get a call for this type of reference I would refer the person to human resources and let them deal with it.

Your personal crusade to protect other patients from an incompetant nurse is only your opinion. Remember the State has licensed her to practice and that is going to be her lawyers first question to you on the stand..."So Ms. WyomingRN, you are better than the State at determining who should be practicing as an RN here".

Advise you should think about...:)

chris_at_lucas_RN, RN · Aug 24, 2004

See an attorney.

Someone lied about you. That is slander.

It cost you a job. That is actual damages.

While you are at it, make a statement/complaint about the unit manager to the Board of Nursing. Be sure to put on your statement that it is "true, correct and complete to the best of [your] knowledge and belief." And make sure it is.

Then get a WRITTEN reference from the person who said they would give you a good one.

I'm sorry for your situation. I am expecting to be in a similar one myself, and praying that it doesn't happen. (And if it does, I'll be seeing an attorney.)

leslie :-D · Aug 24, 2004

reporting of FACTS is not libel or slander...

if an employer shares with a prospective employer that there were incidents that caused concern, and they are true, then that is not slanderous.

however, there ARE privacy issues here that might be illegal and you might want to pursue that.

if the charge nurse spoke of subjective issues, then yes, that could be construed as slanderous.

it all depends on what was said, and proving such allegations.

much luck to you.

leslie

chris_at_lucas_RN, RN · Aug 24, 2004

said a lot of untrue subjective things about me (said I was unable to handle stress, incorrectly stated I did not give notice, a lot more).

Leslie, sweetie, these aren't facts... so it would be slander. Besides, if there is a debate, the slanderer has to prove that what they said was true. No way to prove a subjective statement.

leslie :-D · Aug 24, 2004

Leslie, sweetie, these aren't facts... so it would be slander. Besides, if there is a debate, the slanderer has to prove that what they said was true. No way to prove a subjective statement.

my apologies.

i didn't see that part.

a person stating "she doesn't know how to handle stress" w/o any back up is indeed slander.

and yes, that could be a costly mistake, more for them than for the op, should she decide to pursue this legally.

leslie