Is a poor job reference for a former employee retaliatory?
Possibly. Protection against retaliation generally follows employees after they leave employment. As a result, courts have allowed employees to recover damages resulting from retaliatory employer references. Courts may also treat unwarranted criminal prosecutions and unjustified government investigations as retaliatory. In addition, certain actions taken during the course of litigation, such as the filing of a counterclaim designed to intimidate the employee pursuing the lawsuit, can amount to retaliation. Again, if the employer’s action will deter an employee from asserting protected rights, it can form the basis of a retaliation claim.
