What can my employer say about me when providing work references?

If an employer or former employer makes false statements against you may have a claim for defamation. However, defamation can be hard to prove. In Washington the law provides protection for an employer who responds to a request for a work reference. RCW 4.24.730. The law states that the employer providing the reference is presumed to be acting in good faith and is immune from civil and criminal liability so long as the information disclosed relates to:

1. An employee’s ability to perform his or her job
2. The diligence, skill or reliability with which an employee performs his or her job; or
3. Any illegal or wrongful act an employee committed in relation to his or her job duties.

An employer may not disclose medical information to a prospective employer even if that information was provided voluntarily.The presumption can only be overcome by showing of clear and convincing evidence that the information disclosed was knowingly false, deliberately misleading or made with reckless disregard for the truth.In general only a supervisor or manager should provide a work reference and only if they have direct knowledge of your job performance.If you suspect that your employer is providing information that violates Washington law, you can ask to see your personnel file. Washington law provides that the person who gave a reference should keep a written record in the employee’s personnel file of the identity of the person or entity to which the reference information was disclosed for a minimum of two years from the date of disclosure. Employees may also request a written statement from their employer stating the reasons for being fired and the effective date.Some evidence of possible employer wrongdoing could include: any job offers made that were suddenly retracted. Written statements regarding your employer’s reference policy. The actual statements made by the employer. Did you hear anything from a prospective employer that made you suspicious? You should seek the advice of an attorney to help you decide whether you have the necessary evidence to support your claim.