To help sort out the well-qualified job applicants from the not-so well-qualified applicants, many employers now require applicants to submit a list of employment references with their application materials.
As the employment attorneys at The Spitz Law Firm know, as a general rule, employers cannot retaliate against their former employees. However, there is a major caveat to this rule: it is unlawful for an employer to give a false or discriminatory employment reference to another employer. Under R.C. 4113.71, an employer may be liable for giving a negative reference to another employer if one of two circumstances exists:
- The employer knows the information contained in the reference is false, or makes the disclosure with the intent to mislead, in bad faith, or with a malicious purpose; or
- The information is provided in violation of Ohio’s anti-discrimination laws.
In other words, in giving an employment reference to another employer, an employer must be truthful and non-discriminatory. If not, the employer may be opening themselves up to liability for retaliation.
If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. The Spitz Law Firm is dedicated to protecting employees’ rights and solving employment disputes.
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