BAD Reference

Ruby Vee, BSN · Dec 7, 2015

OK, let me clarify something here: Nurse are required to be truthful in their practice including interacting with their colleagues/staff/superviser...A reference who stated positively/clearly she would give good recommendation for you and did not, in my point of view, lacks truthfulness...They could have said "Don't use me as a reference", "No, I wouldn't be able to give you a good recommendation", etc...Even, by being leukwarm; when asked, one could see it as a red flag, hence not using them as a reference.. The reference was my supervisor.
And, I thought may be you could consult an employment attorney or your union representative in your institution to help you with this/to investigate the possibility of defamation.

Have you talked to this nurse? Perhaps she thought she was giving you a good reference.

Years ago, I was asked to write a reference for anesthesia school for someone who I thought was wonderful: kind, compassionate, wicked smart and never made a mistake. I wrote what I thought was an excellent reference for her. I sought advice from my mentors on how to write a letter of reference and ran my letter past them before sending it, I read all the books on the subject, I sweated over that letter of reference. She did get into anesthesia school.

Six months later, someone else asked me to write a letter of reference, and when I agreed, they handed me a packet full of information on them: their goals, their best qualities (and documentation to back it up, included phrases I could put into my letter), their experience, everything anyone would need to write a letter of reference. The gal wasn't a strong clinician, but she sure looked good in that packet. It wasn't until I looked at the letter of reference I wrote for the second colleague and then pulled out the one I wrote for the first (whom I truly believed was all that and a bag of chips) that I realized what a weak letter I had actually written for the first colleague.

When you ask someone to write a letter of reference, you're taking a chance that they think highly of you AND that they know how to communicate that in writing. I'm not sure whether your reference thought less than highly of you or whether they couldn't adequate express their high opinion of you in writing. It would behoove you to find out which was the case before you consult an attorney or anyone else to "investigate the possibility of defamation."

Whispera, MSN, RN · Dec 7, 2015

If writing a reference could mean I'd get sued, I can tell you for sure, that would mean I would never write a reference letter, even if I thought it would be completely positive! Good grief!

JustBeachyNurse, LPN · Dec 7, 2015

If writing a reference could mean I'd get sued, I can tell you for sure, that would mean I would never write a reference letter, even if I thought it would be completely positive! Good grief!

You can't unless you write false objective information. Courts have stated validated opinions without intent of malice are acceptable.

BuckyBadgerRN, ASN, RN · Dec 7, 2015

I was about to say this! OP has spent a LOT Of energy here telling posters that they are wrong about how references work, plans to talk to the facility that didn't hire her based apparently on this bad reference and seems hell-bent on pursueing both into the ground.

OP, stop wasting so much effort on something that is out of your hands, you'll drive yourself crazy with "what if's". You didn't get THIS job, you won't ask this person for a reference again, you've done all you can it seems. Move on to the next step and put this behind you.

I would NOT waste my time and energy on this. The posts alone are further than I would go. Perhaps direct that energy and research into landing a good job and leaving the bad reference in your past.

elkpark · Dec 7, 2015

Hi nursing pals,
Do you have any legal claims (e.g filing for grievance with union, etc) against your referee who cost you losing a job? (The reference who was SUPPOSED to give you a good recommendation, BUT did not)...Any thought?
Thx:)

Also, OP, how do you know that this one reference was what "cost you losing a job"? Do you know for a fact that you would have gotten the job if it weren't for this one reference? How do you know that? There are many factors that employers consider when making hiring decisions, and they are usually v. reluctant to discuss them with applicants (esp. those who didn't get hired).

Ruby Vee, BSN · Dec 7, 2015

Also, OP, how do you know that this one reference was what "cost you losing a job"? Do you know for a fact that you would have gotten the job if it weren't for this one reference? How do you know that? There are many factors that employers consider when making hiring decisions, and they are usually v. reluctant to discuss them with applicants (esp. those who didn't get hired).

And furthermore, the idea that the OP is even considering pursuing legal action in this issue makes me wonder how much MORE there is to the story.

Jolie, BSN · Dec 7, 2015

You can't unless you write false objective information. Courts have stated validated opinions without intent of malice are acceptable.

Just to clarify, anyone can sue anyone else for anything. You are correct that legal precedent indicates that a lawsuit over a reference won't be successful unless the writer of the reference provided false information, but that is not necessarily protection from some malcontent filing suit in the first place.

I find it curious that the OP had to ask the "referee" whether s/he could and would provide a "good" reference. That such a question was even posed makes me think that the OP suspected that the reference may not be glowing. In that case, why not ask someone else, unless the position required a reference from this particular person (such as a previous supervisor), or the OP has no one else to ask who would have good things to say.

In any case, in the U.S., the requirement that the reference be truthful applies to the information provided to the prospective employer, not a private conversation in which the applicant asks someone to say nice things about them.

elkpark · Dec 7, 2015

And furthermore, the idea that the OP is even considering pursuing legal action in this issue makes me wonder how much MORE there is to the story.

There's always more to the story on allnurses ... :)

FlyingButterfly · Dec 7, 2015

And furthermore, the idea that the OP is even considering pursuing legal action in this issue makes me wonder how much MORE there is to the story.

You know why people, in situations like this, use this forum to post their questions/concerns due to which feel frustratrd/helpless: They want to VENT and get information whilst remain anonymous...The fact that you wonder how much "MORE" there is to the story is not important AT ALL...I surf this forum once in a while to learn about what I need to know more in depth...I mean I don't see it as a credible source of info at all...BUT, it is great in a way that it points out what I need to know, and I do furthet research by utilizing credible resources/asking appropriate professionals...This forum is more of a great outlet to brainstorm, and ALSO to hear other nurses' career/life story while emphatizing/appreciating them...So, there is no need to question posters while critisizing/blaming them...That is unnecessary and hurtful.

Conqueror+, BSN, RN · Dec 7, 2015

Whenever I ask for a letter of reference I usually only use the one where the person says"type me up something and I'll sign it or use it as a guide" that way I know exactly what is being said and that it is acceptable to me. I don't do blind references. And YES there is a way around those used for grad

school.

FlyingButterfly · Dec 7, 2015

Whenever I ask for a letter of reference I usually only use the one where the person says"type me up something and I'll sign it or use it as a guide" that way I know exactly what is being said and that it is acceptable to me. I don't do blind references. And YES there is a way around those used for grad
school.

Not that all employers would give written recommendation...Mine was done over the phone...When I was in school, our instructors emphasized when we ask for a reference, we should also ask them if they would be able to give us a good recommendation.This is very common here...

FlyingButterfly · Dec 7, 2015

Also, OP, how do you know that this one reference was what "cost you losing a job"? Do you know for a fact that you would have gotten the job if it weren't for this one reference? How do you know that? There are many factors that employers consider when making hiring decisions, and they are usually v. reluctant to discuss them with applicants (esp. those who didn't get hired).

I mentioned it somewhere here...I called them...They directly told me bc of my reference...Besides, I know how I did on my interview...