Wrongfully accused & Let go - no reference?

[amps]

My friend has worked for a day care for 2 years and has previously worked in the child care industry for 5 years. This day care is pretty small operation so they have no cameras and nothing to prove accusations or disprove accusations.

My friend was accussed by an unknown parent to the day care director that she was "hitting" a child. The employer, not wanting to do a full investigation and not wanting to get DHR involved just let her go. She said nothing and left the job and started looking for a new one. Today it comes down to receiving a reference. She took the form to the previous employer who flat out refused to fill out the reference based on "the items I have put in your file will make me look bad infront of DHR if I give you a good reference." She didn't even sign the place where it says "I will NOT give this person a reference."

Now I know a person cannot receive a bad reference, but a flat out refusal?? How can my friend receive a copy of her employee file, now that she is extremely concerned about what is in her file. She has NEVER been written up, verbally warned or anything nor has she signed anything.

Any guidance would be appreciated.

State is Alabama.

 

[Patricia_Young]

They can certainly refuse to provide a reference if they don't want to do one. There is no law forcing them to.

 

[cbg]

It is also not true that bad references are prohibited. An employer may, if they choose to provide references at all (which they are not required to do with limited exceptions that do not apply here), provide any information, positive or negative, that is true, that they have a good faith belief is true, or that represents their honest and supportable opinion.

It is a myth that employers are limited to dates of employment, job titles and salary. A widely believed myth, yes, but a myth nonetheless.

The state of Alabama does not require employers to allow employees access to their personnel files. Your friend is free to ask; the employer is free to say no.

 

[hbobet]

dont use them for a referance, find someone who is willing to give a good referance for the last two years even a private person with kids who needs child care.

 

[cbg]

In most states, a prospective employer may use anyone as references regardless of whether the applicant provided their names or not.