1. A manager rated a former employee “average” and “below average” in eight categories on a reference form. Although the worker was hired on an “as needed” basis, she blames the fact that she did not receive any work assignments on the negative reference.

Karen Feeney applied for a job at a health care agency. She asked her former manager, Ellen Kool, to provide a reference using the agency’s form. Before filling out the form, Kool had Feeney sign an authorization that released the employer from any and all liability for damages in furnishing the reference.

The form required Kool to rate Feeney as either “above average,” “average,” or “below average” in eight categories. Kool gave Feeney “average” and “below average” ratings. Where it asked whether she would rehire Feeney, Kool checked off “No.”

The agency was surprised about the negative reference and asked for Feeney’s side of the story. She admitted she had difficulties with Kool but had received excellent evaluations from other supervisors. The agency advised Feeney to get a more positive evaluation. Feeney then submitted a reference from another manager, who rated her “above average” in all eight categories and indicated that she would rehire her.

Although the agency hired Feeney on an “as needed” basis, she did not receive any work assignments over a nine-month period. Believing Kool’s negative reference was to blame, Feeney took her former manager and employer to court for defamation and blacklisting.

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