By Evan Lange
Yes, if it’s true. Texas employers can share truthful information about a former employee’s job performance, and Chapter 103 of the Texas Labor Code gives them immunity from lawsuits over those disclosures. That immunity is lost if it’s proven by clear and convincing evidence that the employer knew the information was false, or disclosed it with malice or reckless disregard for the truth. A false statement of fact that costs you a job can be defamation, and a negative reference given because you complained about discrimination or filed a charge can be illegal retaliation under federal law. No Texas law requires an employer to give a reference at all.
You’ve landed the interview, the offer looks close, and then the calls stop. Many Houston job seekers suspect that a former boss said something during a reference check. Some employers say nothing beyond dates and title. Others say too much. Here’s where the law draws the line.
Defamation is a false statement of fact communicated to someone else that harms your reputation. In a reference, examples might include:
Opinions (“not a great fit”) are usually not defamation, and the Texas immunity statute means you generally must show the employer knew it was false or acted with malice. Defamation claims in Texas generally must be filed within one year. For false statements made while you still work there, see defamation in the workplace.
Federal anti-discrimination laws protect former employees too. If a former employer gives a negative reference, or tells a prospective employer about your complaint, because you:
that can be illegal retaliation, even if everything else they said was true. Learn about filing an EEOC claim.
Yes, if the information is truthful. Texas Labor Code Chapter 103 gives employers immunity for disclosures about current or former employees unless the employer knew the information was false or acted with malice or reckless disregard for the truth.
No. Texas law does not require an employer to provide a reference about a current or former employee. Many employers only confirm dates of employment and job title.
Possibly, for defamation, if the employer made a false statement of fact that harmed you and knew it was false or acted with malice. Defamation claims in Texas generally must be filed within one year.
No. Giving a negative reference because a former employee filed a discrimination charge or complained about discrimination or harassment can be illegal retaliation under federal law.
Yes. A neutral reference clause or an agreed reference letter can often be negotiated as part of a severance agreement.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review what your former employer said and whether it was defamation or retaliation, and help negotiate a neutral reference. Learn more about wrongful termination.
Your last job shouldn’t sabotage your next one.
Not with lies, and not as payback.
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