Can a former employer give a bad reference for a terminated employee under Connecticut law? The short answer is yes. Contrary to popular belief, there is no Connecticut law that prohibits a former employer from giving a bad reference to a terminated employee so long as the reference is made in good faith. In other words, the former employer cannot falsely accuse the ex-employee or fabricate information to damage the individual's professional reputation. If this occurs, the former employee can bring a defamation claim against the former employer. However, if the the employer simply expresses a good faith opinion that the former employee was a poor worker, the employer is legally allowed to do so.
Now, practically speaking, most former employers refrain from giving any reference at all, let alone a negative one. Why? because if a negative reference is given, the former employee may use it as evidence of retaliation or in support of a wrongful termination claim based upon unlawful discrimination on the account of race, gender, age, disability, sexual orientation, religious background, pregnancy, and/or national origin.