Finding a new job can be difficult enough without a former employer interfering with your opportunities. If you repeatedly make progress with prospective employers only to have job offers disappear after reference checks, you may wonder whether a former employer is “blacklisting” you.

Employment blacklisting generally refers to actions intended to prevent a current or former employee from obtaining future employment. While Missouri does not simply prohibit every negative employment reference, certain conduct associated with blacklisting may violate state or federal law. Employees in Kansas City who believe a former employer is deliberately interfering with their careers should understand their rights and potential legal options.

What Is Employment Blacklisting?

Employment blacklisting can occur when an employer, manager, supervisor, or another professional contact attempts to damage a person's ability to obtain employment elsewhere.

Blacklisting does not necessarily involve an actual written “blacklist.” Instead, it may involve conduct such as giving prospective employers false information, intentionally damaging a former employee's reputation, discouraging other companies from hiring the employee, or retaliating against someone for exercising legally protected workplace rights.

For example, an employee may become suspicious when several promising interviews suddenly end after prospective employers contact the same former employer.

However, receiving a negative reference does not automatically mean illegal blacklisting occurred. Employers may generally provide truthful information about a former employee, subject to applicable laws.

Can Missouri Employers Give Negative References?

Missouri law provides employers with certain protections when responding to requests for information about current or former employees.

Under Missouri Revised Statutes § 290.152, employers may respond in writing to certain written requests from prospective employers concerning current or former employees. Missouri law establishes conditions governing these disclosures and provides civil immunity in qualifying circumstances.

Therefore, an employer giving an unfavorable but lawful and truthful reference is not necessarily engaging in illegal blacklisting.

The situation can be different when an employer knowingly provides false information, acts with an unlawful discriminatory or retaliatory motive, or otherwise improperly interferes with someone's employment opportunities.

Missouri's Service Letter Law May Be Important

Missouri also has a service letter statute that may provide certain workers with useful information about why their employment ended.

Under Missouri Revised Statutes § 290.140, qualifying employees of corporations with seven or more employees who worked for the corporation for at least 90 days may request a service letter after quitting or being discharged. The request generally must be made within one year and must comply with specific statutory requirements, including being sent by certified mail and specifically referencing the statute.

When the requirements apply, the employer generally has 45 days after receiving the request to provide a signed letter describing the nature and duration of the employee's service and truthfully stating the reason the employee quit or was discharged.

For an employee concerned about what a former employer is saying, this documentation may become important when evaluating the circumstances surrounding a termination and subsequent difficulty finding work.

When Could Blacklisting Become Illegal in Missouri?

Whether employment blacklisting is unlawful depends heavily on why the employer acted and what information was communicated.

One important area involves employment discrimination. Missouri law prohibits covered employers from discriminating in employment because of protected characteristics including race, color, religion, national origin, sex, ancestry, age, and disability.

Missouri law also prohibits certain retaliation against people because they opposed discriminatory practices or participated in proceedings protected by the Missouri Human Rights Act.

As a result, attempts to prevent a former employee from obtaining another job could raise serious legal concerns when they are motivated by unlawful discrimination or retaliation.

Federal employment laws may provide additional protections depending on the circumstances.

Signs You May Be Experiencing Employment Blacklisting

Blacklisting can be difficult to prove because applicants frequently receive little information about why they were rejected. Still, certain patterns may warrant closer attention.

Potential warning signs include consistently receiving positive feedback before reference checks but being rejected afterward, a recruiter mentioning troubling statements from a former employer, a former supervisor threatening to prevent you from working elsewhere, or an unusual pattern of opportunities disappearing after the same person is contacted.

None of these circumstances automatically establishes unlawful conduct, but documenting the pattern can be important.

What Should You Do If You Suspect Blacklisting?

Start by preserving evidence. Keep copies of emails, text messages, job applications, interview communications, termination documents, performance evaluations, and communications involving your former employer.

Write down the names of prospective employers that contacted your previous employer and document when job opportunities changed or disappeared. If a recruiter or hiring manager tells you something concerning about a reference, record what you were told while the details are fresh.

Depending on your employment history and former employer, you may also want to determine whether you qualify to request a service letter under Missouri law.

Because employment disputes can involve deadlines and fact-specific legal requirements, consider speaking with an attorney promptly if you believe a former employer is deliberately preventing you from finding work.

Speak With a Kansas City Employment Attorney About Potential Blacklisting

Employment blacklisting can threaten a worker's income, professional reputation, and long-term career opportunities. Although a former employer's negative reference is not automatically illegal in Missouri, employees may have legal options when former employers provide unlawful information, retaliate for protected activity, discriminate, or otherwise violate applicable employment laws.

At LG Law LLC, we provide legal assistance to employees and members of the Kansas City public facing workplace disputes and employment-related concerns. If you believe a current or former employer is interfering with your ability to obtain another job, an attorney can review the circumstances, help determine whether your rights may have been violated, and discuss possible next steps.