defamation-Negative Reference in Texas

[allielin2003]

I was formerly employed by a non-profit day-care center. My evaluation was above average. Last year violations were found against several employees whom the Director tried to defend. Being the most outspoken employee about these violations, the Director blamed me for the complaint. Another investigation was opened and again the Director informed those in question that she thought I was responsible. Complaints are confidential and I made no reference to being responsible for the investigation. I was terminated for "making other employees uncomfortable", because the Director had warned them that she thought I was responsible. She has given me a negative reference to prospective employers, though I was not terminated because of failing to perform my job functions. And without actual proof that I had any part in placing a complaint. Licensing laws require employees to report suspected abuse or neglect of children. Any information on where to go with this?

[Texas709]

A 'negative reference' in and of itself is not usually an actionable activity. The Texas Labor Code (§ 52.031) does include a provision which prohibits "blacklisting." This is where an employer "conspires or contrives by correspondence or any other manner to prevent an employee discharged by a corporation, company, or individual from procuring employment." However, this provision does not prohibit an employer from disclosing any truthful information about your employment. Most slander laws also protect statements that the employer "believe to be true".

A sticker to this is that the prohibition against blacklisting in Texas is not enforced by any State agency, and will probably require an attorney's help to either send the former employer a letter, or to take whatever action is needed to make them stop.

[cbg]

Whether you have any legal recourse depends on exactly what is being said. A negative reference is not, in and of itself illegal - there would be no point to providing references at all if that were the case. It is only illegal to provide a reference that is untrue - but your truth and their truth is not necessarily the same. If the information they are providing is, in their opinion, true, you may have no recourse even if you do not agree, and even if they are mistaken.