Can a company give bad work references about a former employee? This is what the law says

In the laboral worldreferences are a crucial aspect that can significantly influence career opportunities of a person.

(Further: Lack of opportunities is leading women to become self-employed).

Because of this, some Colombians have the question: “Can a company I worked for give me bad references for a new job I apply for?“. To answer it, it is necessary to review what the numeral 8 of article 59 of the Substantive Labor Code.

“Using conventional signs in the certifications referred to in ordinal 7 of article 57 that tend to harm the interested parties, or adopting the “black list” system, whatever the modality used, so that workers who leave or are separated from the service are not employed in other companies.“, the rule states.

However, this prohibition applies to employment certificates that the company must issue to the worker who requests them.

(Read: Signs to identify if your boss is a narcissist).
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​So, If you suspect that the company provided bad references about you through a call from the new company to which you are applying, you can refer to what the Supreme Court of Justice indicated in its ruling of November 28, 2006.

“The employer’s actions in the use of means that harm the worker in accessing the labor market constitute a violation of the fundamental rights of labor and the good name of the worker.“, the sentence specifies.

(See: Can you be forced to take a vacation even if you don’t want to? This is what the law says).

What should you do if a company you worked for has given you bad reviews?

The Ministry of Justice, through its official portal, indicated the steps to follow if a company you worked with gave you bad references:

1. File a complaint for defamation: You must contact the nearest Attorney General’s Office to report, either verbally or in writing, the following:

– How the events occurred.

– When the events occurred.

– Who committed the insult or slander.

– Where the narrated event occurred.

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2. Investigation by the Prosecutor’s Office: The entity will begin an investigation with the information you provided.

3. Criminal proceedings: If the Prosecutor’s Office finds sufficient evidence, criminal proceedings will be initiated, so that the person responsible for the insult or slander will be charged and, potentially, convicted.

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