Join Club

NOVA Legal Beat: Former Employer Sabotaging Job Search?

NOVA Legal Beat logo

Editor’s Note: This sponsored column is written by Mathew B. Tully of Tully Rinckey PLLC, an Arlington firm that specializes in federal employment and labor law, security clearance proceedings, and military law.

Q. What can I do if my former employer, against whom I filed a race discrimination complaint, is trying to sabotage my efforts to get a new job?

A. Most employers know, or at least they should know, that federal and state laws prohibit them from retaliating against employees for engaging in protected activities such as filing a discrimination lawsuit or a complaint or participating in an Equal Employment Opportunity Commission workplace investigation. But the fact that an employee no longer works for the employer, does not mean it can badmouth him or her with prospective employers.

Negative job references, along with other efforts to harm a former employee’s employment or employment prospects, can qualify as the type of retaliation prohibited by laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Virginia Human Rights Act. However, that does not mean employers are barred from giving a negative reference for a former employee. If the employee performed poorly and there is documentation saying as much, a negative job reference may be merited, as the 4th U.S. Circuit Court of Appeals noted in Harris v. Prince George’s County Pub. Sch. (1998).

Many employers will attempt to sidestep this issue by providing only basic information, such as dates of employment, when providing references. But a refusal to provide a post-employment job reference because of an employee’s prior protected activity could constitute unlawful retaliation, the 2nd U.S. Circuit Court of Appeals noted in Pantchenko v. C. B. Dolge Co. (1978).

Employers are also asking for trouble if they try to brand a former employee as a troublemaker by calling attention to an Equal Employment Opportunity (EEO) charge or discrimination lawsuit. As the U.S. District Court for the Eastern District of Virginia explained in Coles v. Deltaville Boatyard, LLC (2011), a former employer’s attempts to disparage others from employing a complainant would constitute actionable retaliatory conduct because it would dissuade “a reasonable worker from making or supporting a charge of discrimination… Certainly, an employee recently fired by one employer might be dissuaded from filing an EEOC charge for that termination if he knows that it would lead to a warning that he might do the same to subsequent employers.”

People who believe a former employer is retaliating against them for trying to protect themselves against discrimination should immediately contact an employment law attorney. Depending on the circumstances, an attorney could help them recover lost wages and compensatory damages for emotional distress caused by the former employer’s unlawful retaliation.

Mathew B. Tully is the founding partner of Tully Rinckey PLLC. Located in Arlington, Va. and Washington, D.C., Tully Rinckey PLLC’s attorneys practice federal employment law, military law, and security clearance representation. To speak with an attorney, call 703-525-4700 or to learn more visit fedattorney.com. 

The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Recent Stories

These Arlington-area auto-body shops received Washington Consumers’ Checkbook’s top rating for quality (as reported by their customers in Checkbook’s surveys).

Starting next month, weekday drivers and pedestrians like should plan for sporadic closures near the Shirlington Road bridge. Kicking off in April and lasting through the summer, the sidewalk and…

Morning Notes

Planning for New DCA Projects — “It passed below the radar screens of the traveling public, but the Metropolitan Washington Airports Authority on March 20 moved a major step forward…

Good Thursday evening, Arlington. Let’s take a look back at today’s stories and a look forward to tomorrow’s event calendar. 🕗 News recap The following articles were published earlier today…

Award-winning drag queen Tara Hoot is bringing her Family Fun Story Time Brunch to Arlington at Freddie’s Beach Bar! Saturday April 6 at noon! Join Tara for songs, stories, puppets, bubbles and joy! It’s not just stories, it’s a SHOW that’s perfect for kids and kids at heart–fun for everyone! Plus a tasty brunch at Freddie’s! Click the link and make your reservations now! ❤️ 🫧 🌈

Submit your own Announcement here.

The Summer 2024 STEAM (Science/Technology/Engineering/Arts/Math) Fellowship application is now open! Apply by April 15 to be considered!

The STEAM Workforce Development Teacher Fellowship provides Arlington Public Schools (APS) high school, middle school, and elementary school teachers with opportunities to learn about workplace needs in STEAM-related fields and for them to use the experience to enhance student learning to match workplace expectations in a selected industry. STEAM Fellows participate in a three-week summer fellowship, receiving a $4,000 stipend upon completion.

Applicants planning to pursue a fellowship in the arts must demonstrate how they will build connections between the arts and science, technology, engineering, or mathematics.

Click the button to learn more, share, apply, and see the variety of fellowships completed in previous years.

Read More

Submit your own Announcement here.

Free Right-Sizing Workshop – How to Get Rid of Your…

Cody Chance and Dick Nathan of Long & Foster are hosting a free workshop at our office on Cherry Hill Rd. (formerly Lee Highway) on the topic of “down-sizing” Thursday, March 28 from 5:30-7:30. We have created a workbook with

Portofino Italian Wine Dinner, April 6, 6:30pm

Four course Italian dinner, paired with 2 wines each. The wines will be served “blind” and notes on each wine will be discussed. The event is coordinated with Elite Wine Importers and The Portofino Restaurant. The dinner is on Saturday,

×

Subscribe to our mailing list