Generally, it is lawful for a former employer to respond to inquiries about your job performance and for a supervisor to give candid assessments about the same, but the information provided must be accurate and backed up by the facts.  The employer's protection is lost if there are any suggestions, inferences, innuendoes, etc. that would lead a prospective employer to believe something misleading or untruthful about the employee. Sometimes you can avoid your former suprvisor's input by specifically suggesting another person in management who can better recommend you.

Also, many human resources departments give only neutral references, such as the date you started, the date you left, and your salary information. If you believe the libelous statements of a former employer have harmed you, seek the advice of an experienced libel and slander attorney in your area.

(Reviewed 9-08)