Can a former employer give a bad reference in Brazil? Blacklists and damages
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An employer may confirm objective data about a former employee, but cannot defame them, record negative remarks on the work card or keep a blacklist. That leads to damages.
A former employer may confirm objective information, such as job title and period worked, but cannot pass on false, offensive or discriminatory information, or share "lists" of workers who sued or complained with other companies. The CLT forbids recording any negative remark on the work card (art. 29, § 4), and an abusive reference leads to compensation for moral damages.
Quick summary
- Allowed: confirming job title, dates and objective information when asked.
- Not allowed: defaming, inventing facts, mentioning labor lawsuits, illnesses or union activity.
- Work card: no negative remarks.
- Blacklists: sharing workers' names to block hiring is discrimination.
- Consequence: moral damages and, in serious cases, a crime against honor.
How to find out and prove it
- Witness to the call: a recruiter or acquaintance who heard the information.
- Reference test: someone calls the former employer as a recruiter and records the conversation they take part in.
- Emails or messages in which the employer comments on your case.
- A pattern of rejections right after contact with the former employer, combined with other evidence.
What to do
- Notify the former employer in writing to stop giving negative information.
- Report to the Labor Prosecution Office (MPT) if there is a list of workers.
- Seek compensation in the Labor Courts within 2 years of the contract ending, or in the civil courts, depending on the case.
Frequently asked questions
Can the employer say I was dismissed for cause?
It should stick to objective, true facts. Exposing details offensively or to people who have no need to know can lead to damages.
Can suing my former employer hurt me in new job applications?
Using a lawsuit as a reason to reject someone is discrimination, and sharing that information between companies is unlawful.
Is recording the call with my former employer valid evidence?
A recording made by a participant in the conversation is accepted as evidence by case law.
Read more in this series
- Moral damages in labor cases
- Job interviews: what employers cannot ask
- Discriminatory dismissal
- Index: complete guide to labor rights
Topic: this guide is part of Harassment, discrimination and privacy at work, with all the guides on the subject.
Official sources consulted
Informational content, updated in October 2026. This does not replace an individual analysis of your case.
Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.
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