BAD Reference

FlyingButterfly · Dec 6, 2015

Per the TOS, we can't give legal advice.
Do you know what the reference said about you that was negative?

Not exactly, I'm gonna figure it out soon thuo...I have an appointment with the prospective employer.

FlyingButterfly · Dec 6, 2015

Did they tell the truth? If so you have no recourse. If they did not tell the truth, can you prove it? If not, no recourse. If the referring person gave an opinion regardless of positive or negative you cannot disprove an opinion

The question "Did they tell the truth" is applicable when the employee had some issues...like causing multiple incidences, proven being rude, being on IPP, etc...And, again references USUALLY give their "point of view" about their staff even when try to be objective....Evaluations are relative, and supervisors have different levels of expectations...

JustBeachyNurse, LPN · Dec 6, 2015

Once you find out you can determine your course of action. If the reference relayed factual objective information (was late 5/120 days last quarter) you have no course of action.

If the reference gave an opinion in response to the prospective employer's queries you have no course of action. (There is US case law to this effect.)

If the reference gave false objective information that you can prove (stated you called out 6 of the last 90 days with less than 2 hrs notice but you worked all your shifts) you might have a course of action however it's unlikely the union would get involved. Of course you can consult with an employment attorney to find out the laws regarding offering references for subordinates in your jurisdiction. You can consult your union handbook or shop steward/union rep regarding anything within your collective bargaining agreement/contract regarding supervisors offering professional references for staff. The union is unlikely to investigate a single incident. An attorney will likely investigate for a retainer fee to cover their time and expenses.

Since you have no concrete evidence of what may have been said that caused you to lose a job opportunity you are at a standstill. This all generally applies to US

JustBeachyNurse, LPN · Dec 6, 2015

The question "Did they tell the truth" is applicable when the employee had some issues...like causing multiple incidences, proven being rude, being on IPP, etc...And, again references USUALLY give their "point of view" about their staff even when try to be objective....Evaluations are relative, and supervisors have different levels of expectations...

If you were chronically tardy and the supervisor stated as much you have no recourse.

If you were always on time and never called out but the supervisor reported you were late at least one shift a week you may have recourse depending on your jurisdiction. Recourse may just be corrected & verified information relayed to the prospective employer but no cause of action for civil damages. In another jurisdiction you may have to prove harm came from the reference with actual damages to have a course of action for civil damages. Next area might be a totally different scenario.

JustBeachyNurse, LPN · Dec 6, 2015

Not exactly, I'm gonna figure it out soon thuo...I have an appointment with the prospective employer.

Are you in the US or Canada? Laws differ greatly between the country when it comes to civil actions (US is generally more litigious). Most of the respondents here are US nurses.

JustBeachyNurse, LPN · Dec 6, 2015

In Canada, it appears reference communication with a potential employer is considered confidential privileged communication. You may not get the answer you seek...

A reference is considered a communication protected by qualified privilege and the person giving the reference cannot be sued for slander or defamation, provided the comments are the referee's honestly held opinion. The information obtain in the reference check should only be used for the purpose of evaluating the candidate's suitability. The information could lose any protection, if communicated to third parties for purposes unrelated to a hiring decision.

Source: Employment Law: Reference Checking in Canada | Monster.ca

FlyingButterfly · Dec 6, 2015

Are you in the US or Canada? Laws differ greatly between the country when it comes to civil actions (US is generally more litigious). Most of the respondents here are US nurses.

Yes, I'm aware of it...I'm in Canada...

Thanks a bunch for the detailed infoí ½í±í ½í±

FlyingButterfly · Dec 6, 2015

Yes, I'm aware of it...I'm in Canada...
Thanks a bunch for the detailed infoï¿½ï¿½ï¿½ï¿½

LOL...I don't know how the heck these 'question marks' poped up...was punching 'thums up's.

FlyingButterfly · Dec 6, 2015

In Canada, it appears reference communication with a potential employer is considered confidential privileged communication. You may not get the answer you seek...
Source: Employment Law: Reference Checking in Canada | Monster.ca

Hey, you are GOOD!!!

JustBeachyNurse, LPN · Dec 6, 2015

Google is very handy

KelRN215, BSN, RN · Dec 7, 2015

The question "Did they tell the truth" is applicable when the employee had some issues...like causing multiple incidences, proven being rude, being on IPP, etc...And, again references USUALLY give their "point of view" about their staff even when try to be objective....Evaluations are relative, and supervisors have different levels of expectations...

Opinions/points of view are subjective. Perhaps your supervisor agreed to give you a good reference and had every intention of doing so and then the person calling asked a question like "our unit has X beds, nurses have X patients, it is fast paced and we offer minimal orientation. Could FlyingButterfly thrive in this environment?" If she said no, that's her honest opinion.

You don't have a case. Sorry.

That Guy, BSN, RN, EMT-B · Dec 7, 2015

What about giving good references to bad people so they will just get off your unit?