Sabatini and Associates, LLC Attorneys at Law :: Newington :: Hartford :: Connecticut

Can a former employer give a bad reference for a terminated employee under Connecticut law?  The short answer is yes.  Contrary to popular belief, there is no Connecticut law that prohibits a former employer from giving a bad reference to a terminated employee so long as the reference is made in good faith.  In other words, the former employer cannot falsely accuse the ex-employee or fabricate information to damage the individual’s professional reputation.  If this occurs, the former employee can bring a defamation claim against the former employer.  However, if the the employer simply expresses a good faith opinion that the former employee was a poor worker, the employer is legally allowed to do so.

Now, practically speaking, most former employers refrain from giving any reference at all, let alone a negative one.  Why? because if a negative reference is given, the former employee may use it as evidence of retaliation or in support of a wrongful termination claim based upon unlawful discrimination on the account of race, gender, age, disability, sexual orientation, religious background, pregnancy, and/or national origin.

The US Supreme Court has ruled that the federal civil rights laws that protect employees from unlawful discrimination also protect co-workers who face retaliation for standing up for a co-worker who has been subjected to discrimination.  In the specific case, a Cracker Barrel manager claimed that he was fired in retaliation for complaining that a fellow employee was terminated because she was black.  The Court found that he had a viable legal claim under the federal anti-discrimination laws.  This is a significant decision for it provides legal protection for workers who see, report and complain of discrimination occuring to co-workers in the workplace.  If you have been subjected to illegal employment discriminatiion, retaliation or termination, please contact one of our employment lawyers.