Can you lie about your references?

It can be tempting to stretch the truth when it comes to work references. 

It may be that you want to exaggerate your skills or experience to sound more qualified for the role. Or you may be concerned that your most recent workplace won’t provide a positive reference for you – perhaps because of reasons outside of your control such as an unfair dismissal or a less-than-ideal work environment.

What you need to know about reference checks

Whatever your reasons for wanting to lie about your references, it’s important to understand the legalities and the potential consequences of not being truthful.

We spoke to Andrew Jewell, principal lawyer with Jewell Hancock Employment Lawyers, to explain. 

The law around references

Strictly speaking, it’s not illegal to lie about or fake your references. With that said, Jewell explains, there are laws that can impact you if you do.

“There are no actual legal requirements related to references,” he says, “However, there is a requirement for employees not to be dishonest within their employment.”

If you are caught being dishonest, Jewell says there can be strong consequences.

“Dishonesty is generally grounds for instant dismissal,” Jewell says. “So, if an employer asks for a reference, it’s important that you provide honest ones.” 

Your previous employer’s responsibilities

On the other side of the fence, employers are not required by law to provide a reference for a past employee, Jewell says.

As an alternative, some employers may offer to give you a statement of service, which is a record of when you began and finished work and what your role was. It may also include your previous duties.

If your former employer does decide to provide a reference for you, Jewell says there’s only one legal requirement for them.

“Former employers are required by law to be honest when providing a reference, as otherwise this can count as defamation,” Jewell explains, “Apart from that, they can say what they wish in providing a response.”

Can prospective employers contact your references without your consent?

Legally, a prospective employer can get in touch with your previous employer without asking you first. However, as Jewell explains, it’s not commonly done that way, and for good reason.

“Although there’s no restrictions on a prospective employer contacting a former employer for a reference, it might not set the right tone for the employment relationship,” he says.

“If you do end up getting hired, both parties should want to start on the right foot and be respectful when it comes to seeking and providing references.”

Is it okay to provide an older reference?

If you’re worried about what your most recent employer might say about you, you can of course provide an older reference. 

“There’s no restriction on how far back you can go for a reference,” Jewell explains. “However, employers value more recent references.”

If your problem involves a particular individual at your former workplace, Jewell says there’s a potential way around the issue.

“You may want to consider other supervisors you had at your former workplace who no longer work for that employer or worked with you in a different capacity to your direct boss.”

How to make sure you get a good reference

Reference checks are an important part of the recruitment process, and there can be repercussions if you’re dishonest about them. Instead, Jewell explains make the most of reference checks by prepping your former employers before the hiring manager contacts them. 

“The best thing to do is discuss the situation with your former employer,” he says. “This ensures they are not caught off guard and that you have a heads up about what will be said about you.”

Information provided in this article is general only and it does not constitute legal advice and should not be relied upon as such. SEEK provides no warranty as to its accuracy, reliability or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.