Employee Rights: Can I Sue My Former Employer For Giving Bad References?
88Job Applicants Have Rights Too
Are you are working hard at getting a new job, sending out resumes, getting interviews, and being told you only have to pass a reference check, but then not getting the job? Multiple people have recently contacted me about this exact scenario wanting to know if the law provides them with any recourse at all. The answer is: YES! There are two ways that you can file a lawsuit against your former employer for giving out negative references about you. One way is by suing for defamation. A second way if by suing for discriminatory retaliation. Each way requires that you meet certain criteria, and neither way should be taken lightly. This Hub will cover suing a former employer for defamation. A second related Hub will explain suing a former employer for retaliatory discrimination. In brief, can sue for defamation if:
- Your former (or current) employer says untruthful things about you;
- To a company where you have applied to work;
- The company where
you applied would have hired you had your ex-employer not said
untruthful things about you; and
- You lose out on income as a
result.
Number for may seem obvious, but if you were hired by a
third company right away, for the same or more money, then you would not be “out”
any income. You would not have a case because you would have no "damages."
Hiring Managers Often Avoid Calling the Former Employer's H.R. Department
What this means is that employers must give references that are completely accurate or they face being sued by former employees. This is the primary reason why so many companies today refuse to give out any information besides:
- Date
of Hire;
- Date of Separation;
- Beginning Wage;
- Ending Wage;
and
- Job Title.
Each of these five things is totally objective. A company can prove that it was completely accurate and truthful with your job references if it only releases these five things. Many companies refer all letters and telephone calls about references to their Human Resources Department, and the H.R. Department strictly follows the “name, rank, and serial number” approach to giving references. But many reference checkers purposefully avoid calling the human resources department because of this.
The End of an Employment Relationship Can be as Nasty as the End of a Marriage
What happens, then, is that a hiring manager from Company B will not call the H.R. Department of Company B, but instead will call around to get a hold of your former manager, or a lower level supervisor. Frequently line managers are annoyed by the H.R. Department always telling them what they can and can't do, and who they can and can't talk to. They feel put-upon by Human Resources, and they may also feel jilted by the fact that you left, or, they are still angry about your perceived short comings when you were working for them.
As a result, a lower level manager often decides on their
own to tell the caller (the hiring manager from Company B) what a
pain in the neck you were (not that you really were, but that's what
the manager might wrongly believe). The larger the company, the
easier it is to find someone, somewhere, who is willing to talk about
you. In this way, a bully boss or abusive manager can continue to come after you even after you have left the company.
Also, employment relationships are the closest thing we have to family relationships. Often companies proudly say “We're like family here.” And just like a divorce, the breakup of a working relationship can cause feelings of resentment, betrayal, anger, and a desire for revenge. A former manager will occasionally act on these feelings by “sticking it” to you through giving a very bad reference to a company were you applied, even though you don't deserve it.
Take Action and Dig for Evidence
If you suspect that a prior bully boss or abusive manager is trying to "stick it to you" by giving you bad references, you should take action. Go to the company that did not hire you, Company B in our example, and ask for a copy of your application and all the notes that went with it. Give them this request in writing, and specifically ask for interview notes and reference checks.
This will probably scare Company B, who will think you are about to sue them for discrimination because they hired someone else instead of you. Keep a copy of your written request for yourself. If Company B does not comply, see an attorney about writing a letter on your behalf, or opening a case for you and subpoenaing your application records.
Another easier, cheaper, and sneakier way to check what is being said about you is to have a friend pose as a potential employer, and have your friend call and ask questions about you. Tell your friend to be chummy and not to take “no” for an answer. You can even find a friend who owns their own business do this so it is more legitimate.
After you establish that your former employer is saying something negative about you, you will have enough evidence to file suit, even pro se (meaning filing it yourself) if you need to. To win in court, however, you will need to prove each of the following elements to win your defamation case against your former employer:
The Four Legal Elements of Defamation
When you've completed your investigation compare your evidence (it does not have to be written evidence) to the following four elements that are required to prove that your former employer defamed you:
- "Publication..." -- this does not mean that your employer must write untruthful things about your past job performance in a book or newsletter. "Publication" in legal terms simply means "communication to a third party." Your former abusive manager satisfies this element by simply talking about you on the telephone to your potential employer;
- "...Of a false statement..." -- This is the element that employers try to avoid my only giving out name rank and serial number, which can be objectively proven true. But if some jerk you used to work for tells a potential employer anything negative about you that is subjective, then you can argue that it is false by using your entire employment record at the old company as evidence. You can also use oral testimony from your former co-workers as evidence. In other words, if your old manager describes you
as anything other than a good employee then you will be able to argue that you were defamed.
- "...that
harms your reputation..." -- This element is simple to prove. Just show that you did not get the job you applied for at the new company.
- "...and damages." -- Your damages are the equal to the salary of the job you did not get, from the time someone else was hired through to the present day. The only way you won't be able to prove your damages would be if you got some other job soon after finding you you did not get the one in question.
Conclusion: Defamation Can Be a Powerful Weapon Against a Past Bully Boss
As you can see, the four required elements of defamation match up almost perfectly with the process of a past employer giving you an unwarranted bad reference about you to a potential new employer. This is what makes defamation such a powerful weapon that job applicants can use to keep a past bully boss in check, and ensure that he or she doesn't try to continue trying to hurt you even after the employment relationship is over.
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What's Your Experience Been?
Have you ever suspected that your former employer gave you a bad reference?
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Should a terminated employee use a former bully boss as reference? Or, should only HR be used - if an employee was terminated?
Also, by not using a former boss and using HR or a peer for a reference - does this send up red flags for a potential new employer?
And, is there any advise for the terminated employee should the question be raised (to HR/bully boss)- Is the (old employee) eligible for re-hire?- and HR/Bully Boss states NO - What options does an ex-employee have?
I quite appreciate and agree with your view points expressed over here specially about the career damages that bad bosses can do. f you’re looking for an effective way to transform a Bad Boss into a Great Boss, check out our Bad Boss Tagging program. It works like nothing else does. Join the war on Bad Bosses.
I left my job more than 2 years ago when my employer shut down the business. My boss had a lot of psychological issues and always was verbally abusive toward her employees. She said that she wrote me up a couple times because I had to leave work early due to cold or taking care of my child. Last year I had a few interviews which I was optimistic about getting a job at a few of them, but never heard back from them after reference check. Just recently, a former friend at the same place but a different department told me that one employee had heard many negative things from my boss about me, and wouldn't hire me if he was an employer! I appreciate your advice on this, as I have given up hope in finding a job and have chosen to sit at home for nearly a year now! It has put a deep emotional scar on me as I feel like my fours of education at a reputable school went down the drain because of a mentally unstable and mean boss.
I was recently laid off of work and had to sign papers to recieve a severance package. I had transfered jobs and the job I had transfered to closed down that division after eight months. My paper trail is good, I was the top performer in both divisions for nearly two years. However, a management team member has been handing out bad references on my behalf to nearby companies. Can I still sue even though I signed papers to accept my severance?
I suspect my former employer has given me a bad reference and told my new employer that I made a hippa error. I have never been disciplined for one. Also, I believe they called my University and told them I had been googling staff at the University( which I did as they all do research that I am interested in.)How can I find out? If it is true what can I do? It has really upset my life and goals. I am almost certain.
you can have a service call for you to collect evidence on a bad ex-boss - what a power trip the crazy and on medication one that I worked for is on... I will sue if he does not stop trying to sabotage my career.
WHAT THEY ARE NOT SUPPOSED TO ASK:
Claims against prior employers. Do not ask applicants if they have ever sued a previous employer or filed a claim with the EEOC. Such activities are protected, and you could get sued for retaliation if you decided not to hire an applicant because of such a lawsuit or claim. For the same reason, do not ask applicants whether they have ever filed a workers' compensation claim against any employer.
Undercover Lawyer, you are really nice. Really nice ! WOW.
Thank you so much for writing this Hub, you actually answered a lot of my questions, with your comments as well.
I am about to become a new fan of yours because you care. People like you remind me why the adversities of life can and should be surmounted.
My last boss was the biggest bullie of them all. He fired me, one week before he was supposed to pay me my commission. I have a knack with international trade and I managed to have over $ 15,000 deposited in his bank account from 2 different buyers from France. Without contracts and without Letter of Credits.
It has taken me over a year to get over it. Now I am about to seek a new career and I want to be able to talk about my experience with International Trade. However, I do not want any new employers to contact my former bullie nightmare of an employer.
What do I say on my resume about the fact that I do not want any future employers to contact my former bullie nightmare ?
Merci, Merci, Merci, you have given me an insight I most needed.
Caroline Couture Taylor
Seattle, Washington
My name is nichole and my past employer is really sticking it to me. She has told two companies very untruthful information about me to them and i have lost both jobs, also she has said the same untruthful things to unemployment and I have now been disqualified because of her. What can I do i really need help. My email is bo_07_05_05@yahoo.com
I went to work for a homecare agency about a year ago. To my suprise I loved taking care of disabled clients! I had no background or experience in this field. I was so sure this was my calling that Ireturned to school after 20 years and was working towards my LPN licence. Three months in I had enough credits to obtain my CNA certificate, and my Husband was suddenly laid off his job of 11 years.I decided to get my state certification in CNA and return to work to help get us through and return to school later. I was working part time for this company and was only getting 6 hours a week so I put in my notice immediatly to look for a new job with more hours. My last day was july 10, 2009. The following thursday I recieved a letter from that employeer accusing me of trying to steel a patient from them and stating I was termminated on july 14, 2009,and to relinquish the client or face there lawyer! I tryed to contact them emediatly to straighten out this matter 12 times and they want take nor return my calls. I have put in 21 application so far and still havent been hired by anyone! My friend Faxed a job reference form from his business so we could see if its a bad reference causing the problem and didnt even geet a response back! What should I do? Please help! Im out of Ideas!!!Sjj9448@aol.com
I have a former employer who owes me 6 months of documented expenses. It states very clearly in my employment contract what is to be paid and when I resigned they refused to pay. I kept the laptop they provided to help recoup some of the money and since then my former CEO has called and emailed my new CEO saying I am not honest and threatening to sue me...is there anything I can do to stop this? I have asked multiple times for them to pay my expenses and have provided the reciepts.
I was curious if this law still applies for the situation I am in. Last year I had left a full-time job for school and had intentions of going back part time after schooling was over. The Assistant manager there had said I was always welcome back when I was ready. I recently re-applied and was then told that I was not aloud to come back due to the same assistant manager saying he did not like me. I had never been reprimanded when working there for the 2 years I was there in fact, had won many "awards" for being a good employee. They gave me no other reason for not hiring me and when confronting the Assistant Manager, he said that he had never said he did not like me. I found this to be a lie as he had told normal employees that he just didn't like me. I again tried to be hired back again recently as this assistant manager no longer works at this location and still received the same answer.Can I ask for proper documentation for reasons why I am not being rehired? Please help!
The owner was not available when my prospective employer called and the ex co-worker that I had problems with when I left took it upon herself to give the reference of my employment as well as faxing a copy of the cps investigation report that I filed against her, needless to say I did not get the job.
Hello,
I handed in my notice 6 weeks ago as I was offered a new job. My prospective employer seemed so very pleased that she had chosen me over other candidates and invited me for a second informal interview to meet the team and chat to her about the job. It was all very positive and I was looking fwd to the role.
However, I was due to start my new job yesterday but on Friday, I had a phone call from my prospective employer withdrawing my offer. Slightly last minute! Naturally shocked and upset I asked for the reason and she said something vague about my references flagging up some concerns. Something about how she suddenly felt that though the references were not bad, that she felt that I wouldn't like the job and that she had thought long and hard over this.
It seemed strange to me that someone would spend all the money and time on recruitment and then withdraw so I feared someone had made a great allegation against me. I am also aware that my references were sent back very quickly so why the late decision? Not once did she raised any concerns with me. Not once did anyone pick up the phone to me and ask me questions so there I was tying things up and having a 2 week break in-between to find that I had no job.
The company have since sent me a copy of my refercnes upon my second request and as I thought, the references were very good. However, there is one line from my first employer that says that I was frustrated when decisions had to reach a consensus as a team. What?? Surely, that's a subjective comment that she shouldn't have written and surely, that is not a reason to not hire someone? I have never been asked by my prospective employer why this was, I have just been jilted at the alter so to speak and now have no job and find myself joining the unemployment que. I have done nothing wrong. Do I have a case to sue someone here? Thanks!
MY FORMAL EMPLOYER WILL NOT RETURE CALLS FROM AN EMPLOYER WHO WANTS TO HIRE ME THIS RESULTED IN ME NOT GETING THE JOB CAN I SUE
I got fired back in July. I haven't been able to find work because my former employer is giving bad references. I am now homeless because of this. Can I sue them?
I was terminated from my last job for supposedly breaking company policy..when I was called in and given my last check,I asked my manager if I could put her down as a reference she said yes, absolutely.. A couple weeks later I got a interview with this company whom was pretty much gonna hire me.. I got figure printed and the whole 9 yards.. The only thing they were waiting for was my personal references.. I found out that my old manager had given me a really bad reference.. I think she had set me up by telling me she was gonna give me a good reference then in return just doing the complete oposite.. Can I do anything or do j have a case?
Do I legally have to list a job that I was fired from on my resume? It was due to retaliation, but I have no interest in trying to get the security tape as a former employee that would prove my case. While searching for a new job, I've heard others state they cared for another family member to account for their time off due to unemployment. In my case, I started a business and would rather say so than risk a bad reference ruining my chance for an interview. Thanks.
I called in 12 hours prior to my shift, my employer stated they didn't have any replacement to cover my shift. This was the second time I heard that when I tried to call in. I explained to her that I would not be able to cover the shift, she told me to call her back. I called back and she didn't answer the phone. I called the next morning also four hours before my shift, their was no answer. Meanwhile I applied for a position at the hospital, I was to start on Dec 7 when I received a phone call something was on my background. I received a letter stating the ex employer informed the hospital, that I was a no call no show. They sent me a copy, the hospital denied me a job because of this. can i do anything about this.
I was fired from my job about six months ago and have been on unemployment. I have sent out numerous resumes and have had about eight interviews, but no job offers. I hired a company to check my references from former employer and like I suspected he is giving false information, such as: I had a nervous breakdown and went ballistic, coworkers nor patients liked me, bad attitude, and poor performance, (this is not true)! He was verbally abusive. I feel I was set up to be fired because he had to many employers working for him. Long story short I would like to find another job and move on, but he is obviously trying to keep me from working. Do I have a lawsuit and if so, how do I prove I did not get any of the jobs due to his negative references? Do I have enough evidence with reference check company to file lawsuit? I have sent him a letter stating that I am aware of what he is doing and asked that he stop doing this. I can remove him from my resume, but I have heard that I could be fired if new employer found this out. I have stated on my resume not to contact him, this does not look good to interviewers and they ask about it. He is my last employer so I would have to explain why I have not been working. Either way seems to be working. This is not fair that I will never work again because of this.
I found out yesterday from a former coworker that when the girl who does recruiting called my former employer for a reference that that she was told that I left due to going thru a bad divorce. This did not keep me from getting a job offer and working there for 3 years before being laid off last year. But it did devulge very personal information about me that had nothing to do with why I moved jobs. I cannot believe that a former employer would do that. Can I sue even though I got the job? The issue is really release of very personal information which was not even discussed by me in the workplace at all! Thank you.
Hi I was dismissed from my previous job. I was going to take my former employer to tribunal for unfair dismissal but ended up settling out of court. One of the agreements was that a reference would be given that didnt state i was sacked.
My current employer then phoned and asked for a refernce and was told i had been dismissed. My current employer is now going to let me go due to this.
Do i have a case against my former employer
My former boss put in my records that I did not give notice when I left even thou I handed her my resignation letter and sat down and spoke with her about it. That prevented me from getting rehired with the same company at a different location. The recruiter revealed this information to me when I called back after a phone interview. Can I sue for this?
My former boss told a potential employer and my current employer that I am on the "No hire list". This caused me to not get other jobs that I was qualified for -- and instead, landing me a job paying half of what I used to make.
Is that illegal, for a former employer to tell a potential employer that I am on the "the no hire list"?
Is there anything I can do about it so that I can attain at least a similar job to make up for the significant salary decline?
Thanks,
Jess
Hello - My former employer's CEO contact my new employer's CEO on the phone and expressed a strong concern that I would share intellectual property with my new employer and advised my new CEO to keep a close eye on me. He then lied and said that the reason he was worried was because I did the same thing while employed with his company. I resigned from my old employer and they were not happy about it. Do I have grounds to sue them for defamation or something else for their actions. I was in the room with my CEO and heard the entire conversation.
My past employer which I resigned from made a point to call my current employer and slader me which got me fired. I did not put that company on my resume at all as I was only there for 2 months. What can I do?
so I resigned from my company, I jst couldn't tolerate the kind of Immaturity going on there so my ex collegue calls me up statingthat the director of security is asking them to look through a video surveillance and questioning if some girl on the video was me (I guess he caught someone doing something bad)I left on good standing and I've never been accused of anything in my life ,I feel sooo violated and happy that I left and it really is shocking to me that he would even think of me??? would this be grounds to suefo defamation???
so I resigned from my company, I just couldn't tolerate the kind of Immaturity going on there so my ex collegue calls me up stating that the director of security is asking them to look through a video surveillance and questioning if some girl on the video was me (I guess he caught someone doing something bad)I left on good standing and I've never been accused of anything in my life,I feel sooo violated and happy that I left and it really is shocking to me that he would even think of me??? would this be grounds to sue for defamation??? I just can't believe it!
Your comment has been submitted.
Is there a statue of limitations...I didnt get the job and was wondering when should I sue.
I was Fired from my Job because they accused me of petty theft. i plead not guilty in court and after 6 months the case was dismissed. I applied for a new job where i was very qualified but was not hired. I found out from a friend that works at the company i was fired from that the managers were telling everyone why they fired me and made me look like i could not be trusted. Even now when i walk into the place I used to work in just to purchase something the employees comment and joke about my termination. Can I sue the company? And would it be worth it?
Undercover lawyer,
My wife is having an issue at work where her former supervisor got demoted because of her work ethics (seems she is trying to pin all of her mistakes on my wife). Now her new manager which is good friends with her former supervisior is trying to get my wife in trouble. The first incident was where her new manager wrote her up for having to many sick days per her old supervisor, but my wife keeps copies of here timesheets and showed her new manager that the aqusations were not the same as her copies. Her new manager apologized to my wife and said that she would never do my wife this way again and the write up was taken out of her file. Then last week her new manager pulls here back into her office and writes her up, the write up was all BS and its seems that she is going on what here old super has said. So my wife refuses to sign her write up. My wife gets home and pulls up her copies of 1 on 1's from old supervisor and nothing matches on what her new manager wrote her up on. I'm saying she has specific dates pulled from her 1 on 1's that her new manager states from those were in her file. Nothing that she states is in her files, it is all good things her former super had said about her. This is a total lie. What should my wife do next? Go to HR and report her (She says that HR is always on the managers side) or what? We are in limbo at this point, she is ready to quit but she does'nt want to go out this way, I told her were gonna fight for her rights....She has been employed same company for 12 years with a flawless record. Please help us!!!!!!!!
Thank you,
Smitty
In September 2009 I was put in for administrative review because I had too many absences. I had to write a letter that was put in front of HR and my peers. It was found that I disserved another chance. I corrected this immediately and even offered to work extra days to show my good faith. This then became an issue of the past. In October 2009 I was approached by pharmacy staff and I was told that I could either quit my job or by the end of the month they would fire me. I was told not to discuss this with anyone or it was expedite the process. If I made them fire me I was told that they would make it “hard” for me to find employment. Out of fear for my job, and knowing something was not right about this I then went to Human Resources department and I was told that pharmacy staff did not have the authority to terminate anyone. That would happen by the HR department. HR then asked for a few days then told me that I would receive bi-weekly reviews by staff member. This never happened as it was supposed to. I continued to work and only received 1 review where I was then told that I was showing improvement. This was my only review. On November 27 2009 I did pick up an Iphone along with many other pharmacy staff simply out of curiosity. I did not have the phone in my possession any longer than a minuet. Nor did I disable or log into any applications- it was a pick up and put down situation. As Hospital admitted in there report they have terminated another technician for disabling this phone. I did not disable or open any application of this phone. The pharmacy has many Iphones for the department. I do not agree that I jeopardized lives of any patient or property of hospital. I simply did not do this. There was no warning or chance to rectify my accused actions due to my past with THE HOSPITAL. It seems as if I have been easily targeted even though I had corrected my actions and attendance with improvement. There is a section under Conclusions (appeal no.87-07313-10-050487.) that suggests my situation is similar to a custodian that neglected used and contaminated needles laying next to a receptacle. This is a life treating situation. Holding an Iphone in hand for less than 1 minuet, again not opening any applications just simply viewing the phone as opposed to a contaminated needle is not.
I recently started interviewing for a position that I was HIGHLY qualified for (telecom sales) until the proces came to a screeching halt. The recruiter lied to me and told me that there was a hiring freeze when in there IS NOT. I just found out that a former manager from a company I worked at 5 years ago now works for the company I'm interviewing with and that he is the one who stopped my process in its tracks. 5 years ago, I was fired from that company for lack of sales performance and justifiably so. Given the fact that he poisoned the minds of his sales managers against me, do I have any legal recourse here?
Thanks,
Steve
Sir,
I am a physician assistant of 15 years experience. I work directly for emergency room contractors who place Doctors and Mid-levels in the ER. Last May my (employer) lost the contract with a particular hospital but picked up one in close proximity. After three months of trying to get credentialed at the new site I was told my application was being withdrawn because the ” board” would not approve me. No reason given. After applying with the new company to work at my original hospital. I called Hr to find out my status, and was told I would not be a good fit. Please advise. re ferreting out bad reference.since the bi- hospital board member is essentially anonymous.
I am an RN, Im trying to get a second job with a local hospital company whom I worked for at a different location in the city, about 3 years go. the recruiter called me back after I orginally turned down the position and told me she thought I would be really good fit in their hospital, she asked me to reconsider and I did,
when they checked my references my former nurse manager told them that I left with out notice. That is absolutley not true. I handed the letter 2 my boss but in the letter I told them I would have to leave 2 shifts sooner than the 2 weeks as I was having surgery. Both hospitals were in the same system so they can talk about former employees. Im sure she didnt tell her that I never ever missed a day of work or I never was late, can anything be done?
I need to know if I have a case. One of the employees at a previous employer told a potential employer that I was fired for theft and arrested, both of which are not true. This employee of the previous employer is friends with the owner of the potential employer. The potential employer said he got this information from this person.
I worked for a police department for over 12 years. I had a very nasty experience with the HR Director of the City due to the fact that I stood up for myself and called her out on things she was doing inappropriately. I have since resigned and come to find out she is now giving me bad references with nothing to back it up. She is giving her version of what happened, which is completely inaccurate, to prospective employers. I have all ready lost one position due to this. What can I do?
I work in the sales industry and my previous employer/other sales reps are telling my old customer why I left to try and keep the business and not have them follow me to my new company. Is there anything I can do. All there statements are false as well.
I quit a job at a hospital 5 years ago. I left right before my shift started. They gave me a bad reference. They said that I was involuntarily terminated due to misconduct but I quit voluntarily. They also put on there that I was wrote up twice during the 5 years for attendence and that I abandon my patients when I had not even started working yet. They told my potential employer that I was angry about the assignment and left hospital as a result. I was told by my potential employer that they were resending my offer because of the negative reference my previous employer gave me. However they are only taking into consideration one persons side of the story. They were quick to tell everything I had done wrong but I think if you are going to state the negative, you should have to state the positive. Like they said I got wrote up for attendance but they never put that I work a ton of extra shifts to get rid of those absences. Is it legal for them to say that I was terminated due to misconduct when actually I quit.
Hi there i have been dismissed from work for a stupid thing i did, now when i apply for a new job will the new employer ask why i was dismissed , i have still to go to court regarding this and not been prosecuted?
Hi I was working for a Large small loan office as a manager in my small town. I have meet over 6 people that are or were customers of the loan office that have told me that the new manager has been saying I was fired not that I resigned. Also that I did things that were not cheated people out of money. I am affraid that word will get out about this lie and affect me if I get a job someware else. Can I sue the company or sue. the new manager
a potential job called my past employer where I was laid off and told them I was out of work for a long time due to back problems. He is not a reference can I sue him for giving out my medical history?
I did something that had the cops called on me. there were never any charges pressed... although I did the "crime" and returned the "goods" I was let go/quit... no formal papers were signed by me...if a prospective employer calls them can/would my old manager say that I was go for X purpose or just that I'm not eligible for rehire? what if my old boss says things that are true...and arguable... would they just cover their as$ and keep it to the basics?>
I was fired two years ago for what i feel was a Wrong termination, I did not no my rights at the time, So call me dumb. But these years have passed and still not one call from a potential employer. Can my x employer use the term fired or terminated on a reference check?.
What is the statue of limitations for a lawsuit against and ex-employer?
My employer terminated me for no reason, gave me a severance package and a bonus double what I was supposed to receive. I heard that I got the blame for things that I did not do. The severance package includes me being black listed to 40 some different businesses. Nothing was explained to me, I have a clear file as far as I know. The severance package stated that they will only give out name, rank and serial number. But I am aware of two folks contacted in the company that said otherwise. They even offered me a big sum of money to move away. My Options?
I am so happy I found this site. I have a major issue that I think has kept me from getting employed for almost 2years now. I am a truck driver by trade, and got into a incident back in Nov 2008. My license was suspended for a few months, and the company I worked for said I could come back after all my issues were fixed, in which they were. I tried for over a month to get back with this company, after which I was told they would not hire me. I decided then to go another company where I was told that everything checked out fine, but my former employer placed some discouraging information on my DAC report. When I contacted my employer to see what issue had arisen for them to tarnish my DAC report they would not tell me any specifics of why it was on there. What can I do? This issue may be ruining my life.
If a previous employer called my new employer( using my uniform as a reason to call) and mentioned to my new supervisor that I had failed a uninary analyisis. I had in fact refused a UA from the old employer, not failed. Can I sue the old company for retalitory discrimination for calling after I had gotten the job and he is now trying to sabatoge my new employment?
Is it legal for a previous employer to tell the new employer anything over the standard questions like hire/seperation date and wage?
I know I messed up by not going back from my lunch break but I was on an interview and offered the job. Then my old boss told the new one what happened and they went with someone else. She also went into details saying she called me but I didn't answer my phone (BTW she texted me 1 time).
Can I Sue?
I am in bad shape. One of the big employer was about to select me and they called my previous employer. Being a small office, my boss came to know about it. Assuming that I will get the job at this new company, she told them that 'she does not work here'. In fact she informed them that my job was eliminated even without telling me.
The new company HR rep called me and informed me that I had given wrong information and they did not hire me.
Now I have lost my old job and was not hired for new job. (I was doing this job as a part time job)
Can I do something about this?
Hello, I was called in the owners office a week ago. this is a healtth care agency in Mo. She told me she had been calling two hospitals asking or fax info that I had been to their er when I was off sick 5 days and one said I had not been there so she got in contact with the other asking for all my medical records that she did not think I was sick. I was sick. I wonder if I had any recourse when she told me a lot off people could do my job and I left and am no longer working there. Should I get a lawyer? She has big mood swings and screems at her employees.
this kind of stuff really is sad! i was harrassed by my previous employer for up to six months! when i went on scheduled vacation, i was written up and put on probation!
i quit shortly after.
8 years agao I was terminated from a job for almost getting into a fight with a lateral manger. This manager was being very aggressive and abusive towards me by changing my orders to my clients, making verbal threats and getting right in my face and waving is finger etc. When I complained to the higher powers in this company, I was told that this manager was untouchable so I better get used to it. The abusive behaviour continued until one day I snapped and grabbed his shirt and ordered him to stop. I was fired that day.
8 years later I was appying for a new job to which the former employer was a customer. Somehow the former employer found out about my application and took it upon himself to contact the new employer and threaten to pull his business if I was hired.
In the past 8 years I have made not only grown and matured but worked very hard at progressing my career and a good reputation which has now been totally destroyed again with one phone call.
Some people in this world are just loosers naturally. Beware. If you get stuck in bad situtation at work, like this one, leave immediatley. Don't think it will work itself out. Now, even though I have 100's of posative references that are much more current, this one poor reference has tarnished the good reputation I have built with many new industry professionals. I have never withheld the details of the former incident from any of the new people I have met. In this small industry most professionals are aware of this former employers poor reputation for dealing with employees but, you can't blame the new employer for being concerned when they get a bad reference from anyone.
Avoid situtations like this at all costs. They may never go away.
I was hired by a company and was doing well. I was promoted to HEAD of a department. My recent current employer called my old employer who gave them a very bad reference and despite all of my hard work and promotion I was terminated by my must rececnt current employer. I understand the at will terminatin. But what can I do?
I am an employer and we had an employee who left the company without 2-weeks notice. Now we have received a phone call from his new potential employer asking for a reference. Is this legal for us do not return a phone call at all?
saw two nurses fight, and was asked to write what i heard and saw, well the RN who i wrote up retailated against me, constantly. I got very ill, and it got to the point . My health or my job, i choose my health. I went to the EEOC who gave me the right to sue. They settle the case out of court. Now i find out that i can never apply to work at any county hospital in Los Angeles. I also had a friend call for a reference,on me, and know that i am being blackballed. I did nothing wrong. I did a excellent job. Those nurses who fought in front of two small kids still got there jobs, but now I cannot find one. What can i do. I need to work.
my boss is always changing my job description when ever she feels like it. i have had 4 different job descriptions in the last 2 years. and she keeps saying either you do what i ask or else im going to change it again. im sick of this. and they have downsized from 4 staff support to 2 of us. the worse part is im doing jobs that i have no idea how to do. like billing. im afraid im going to get it for fraud.
my ex employer gave false information to unemployment saying i was under the influence at work so they denied me. Then a potential employer i recently applied to asked why my ex employer told them i was fired for alcohol use. i never once consumed anything mind altering while working it is against my judjment and to be accused for this is causing me to not recieve help to find work but also causing me to not get hired. PLEASE HELP!!!
After working for a company for almost three years, I was let go. Their reason was they didn't feel I was a "fit" in the office. I was the last secretary hired - everyone else has been there 20 years plus - and it is also a "Peyton Place"....drama drama drama of the worst. They had me sign a Terminaiton Agreement and they are not abiding by the terms but I was sent a threatening letter saying I was making derogatory remarks about their employees (I didn't say a word) and that I was going to be sued.
I have interviewed for at least 20 jobs and they all were promising.....and then nothing. I had my cousin (who owns a business) call for a reference and the office manager did not give a favorable one....her comment was "she would be better off working in an office all by herself". Now that was just the office manager, and it makes me wonder what the three partners would say or have said (one is a complete jerk - harrassment in the worst kind and he is an attorney.
Do I have any recourse in this matter?
I was hired for an major motion picture company in the tour department...I was discovered I was really shy at giving tours, and I was scheduled so little that I missed a couple of days I was suppose to be scheduled on...because I was busy trying to work other jobs.
After the contract was over, I asked my manager if I could use him as a reference, he agreed, but he had been bad mouthing me, even disclosing personal information over the phone about my family life.
I found out cuz I had someone call in for me. this was in 2004, can I still use a recording device to catch him in the act, and perhaps get a pro bono lawyer who will take on my case???
Thank you
i was employed by a company 9 years ago and i had them as a reference on my cv. When people were phoning them for a reference they said,i never worked there. apparently they have new owners and no documentation stating that i worked there. kindly advise
my boss they brought me here to England 11 years ago to work for his family as a nanny/housekeeper and i was so happy at that time because i got a new job for the first time in my life,but when i come here to their home they treat me like to animal,they don't give me a room my room was an unuse small kitchen like 3 to 2 meter size even without door and in front of the kitchen is a kids bathroom so at night i can't sleep properly,as sometime kids go to bathroom and have to go to baby room if the monitor is made noice (to see baby and stay with him till he go back to sleep)work more than 16 hours a day 7 days a week paid $200 USD even if i'm ill i must do work,not allowed to go out without them sometime feel hungry as madam dont allowed me to eat some of food or sometime they finish food before i eat because i always eat after they eat even i cook all food by my own and sometime she is complain about the food whenever her husband or anyone like the food,,,anyway the story is long,,, after i work with them for 4 years i was lucky that i manage to escape and i stay with my friend which she is also run away from his parent family and i found new job with £ 175 a week 5 1/2 day a week but now i can't found job easly as my age in the passport is too old and whenever i go for interview is dificult for me as i dont have a reference from them and my age is difrent from passport so they don't offer me job because of this and all this is because of my previous employer who brought me here and at that time i was dont understand anything just think about job and i can get money to serve my family back home even with $200 is only can feed family for 1 month can not buy anything else,,,but since i out from prison hause i understand about the UK law and even we can sue them to the court but i was waiting to learn english because i'll be verry happy to speak and complaint about them by my own and also waiting to get british passport but when i'm ready to do so new lady is already brought them to the court,,,am really willing to help her as her witness but i don't know where i can found her i don't know about her or where is she but her story exatly same as me how they treat us they are like sharp knife.story is more longer but i'm tired to tipe more hehehe
anybody can help????????????????
How and where can I find out if employer or people giving bad reputations about me. Since these days employers are checking credit score to see if you're a reliable person.
Any pointers are greatly appreciated.
I have worked my a.. off at my past two jobs and been terminated. The first job I hated and the second job I loved. I had a company do reference checks with the last employer. Even he admitted I worked my ass off but:
1. Tough time consistently managing class.
2. Needs to improve people skills
3. Needs to be one of the guys
4. Not cut out to teach – this really sucks because I loved teaching
My student surveys were better than his. None of this was said at my termination just your work is not good enough... It was not true it was about personality conflict with my final (3rd) boss in 3 years and his cronies.
Any way for the plan:
1. I am having all my references checked by the reference company
2. I have instructed them to ask for specific examples when negative comments are made - There is no defense for me to the generic opinion statement
3. Once I have all information good and bad on record. I will call last employer and ask that they adhere to their policy of name, rank, and serial number for non-rehire employees. This will cut off the good references I have from there as well but I will have something on record.
4. If I can ever get an interview again and they want to contact past employer I am going to ask them to contact me first. I will just give them the negative and positive remarks up front. Bring it out into the open and address whatever questions they have. If they do not want to make an offer I will know why and move on.
I do not wish to hide anything and I am tired of worrying about the past. I cannot think of a better way to handle it. Comments are definitely welcome.
What about a previous employer who discloses FMLA Family Medical Leave Act for chronic illness to a company that is interested in hiring you ?
Thanks for sharing this. Lots of great info! I guess I was too naive in thinking that leaving a company on good terms always resulted in positive feedback from previous employers.
My HR dept recently gave an employer a reference for me, My line manager was requested to provide a reference to pass on to the the HR dept of my present workplace, I actually seen this and what was written before it was sent to the HR and everything was marked as excellent throughout all categories. However about a week later i was contacted by the company I had applied to for a job to be asked why i has 9 days sick leave during the past year, and that this was ruining the chances of employment. I was gobsmacked. I knew i had definately one, and perhaps two days of sick leave that i could remember (i rarely have taken sick leave throughout my 6 year term) and that 8 days was just ridiculous. The next day i ascertained that it was indeed 2 days and immediately went straight for the HR dept. It wasnt explained where the figure of 9 actually came from (vague mumblings...) but that this would be verified and corrected, and the prospective new employer contacted to explain the mistake. This was done and i was subsequently offered the job, which i very happily accepted. I gave notice and thats that. However since then i have had a couple of incidents with management (i was offered more £ to stay but made it clear, in the nicest of ways, i wasnt interested) which i wont go into, but are pathetic, petty and just ridiculous but vindictive, usually i'd be going off my head, but have dealt with all the crap with a smile on my face and a wink;) I couldnt care less but some of it has become a tad overly-nasty and i'll walk away tight lipped, but i do want to get them back simply. I have over-explained enough i think...long story, but a live example of spiteful, but very dangerous employers.
typo mistake...it was 9 days...
p.s, any feedback and ideas of payback for being such assh@les would be appreciated
the hat
I joined a company and then found out that they were in breach to a client on services to be delivered. The Client then took over the company and asked that I be in charge of management, or the entire job be taken away from the company since they did not trust any of the management after their failure. I was the only one to give honest answers to the client, otherwise, it would go against general business ethics and the result would be more detrimental to the client and cost them alot of money besides this company's breach. When the company admitted they were in breach, it seemed that they were more interested in finding new clients instead of fixing the problem with the breached upon client. They ended up not getting the new client since they spoke with the current client. My employer then developed some unsaid resentment from this, when I saved his company, but made him look incompetent. He then at some exit meeting accused me of creating rumors that damaged the company and then let me know out of the blue they met with 2 people I had interviews set up with and were eager to meet me. Those people canceled the interviews and one had a pre-conceived opinion about me after I repeated had to call to reschedule. The HR director recently let me know that "I was not the right fit." Then the recruiter, not the person who interviewed me, sent me a rejection email, with a different reason saying it was because of lack of experience. (which is not true) It is really strange this happened after my former employer met with them. (for whatever reason since they are competitors)
Am I being overly paranoid or suspicious? I just went into an interview for a similar position and got offered a job on the spot with more pay and I am sure they did not call my former employer.
I have a question,
I was on medical leave for about 2 months...came back to work on 8/3/10. Unfortunately I had to leave 3 times in the middle of the day becasue i was not feeling good at all...also I had to take bereavment becasue unfrotunately I had a death in the family.
I just got written up yesterday and I think my boss is just bullying now. He claims that the 3 times I left 1/2 day, my work had to be done by my other team memebers and that I am a burden to this department. Now We are five people (including myself)two of the girls don't even know what I do. They work iwht inventory. I asked my other 2 coworkers and they have NEVER done any of my work.
Now this whole "written up" thing will cost me a raise and I feel it was unjustified.
Can I request them for proof of the supposed work that had to be done by others? what else can I do? This job causes me serious stress and I think my boss is trying to get rid of me.
PLEASE HELP!!!!
My old job was giving out personal information to people that weren't even my friends. I had a daughter an dhey gave me a week off and during that week people that i was no longer friends with knew everything about my daughter and where we lived and everything. I quit because of it. Is there anything i can do for them giving out my information when there not allowed to.
I have a workers comp case outstanding against my former employer. My former employer asked me to sign a release that would release them from all liability from any reference they gave - including personal opinions and impressions. That means an HR person would be able to say anything they want about me - who I had only worked with 6 months out of the 11 years I worked for the (law)firm. My question is this - I refused to sign that release and now they will not even tell potential employers I worked for the company at all. They have not required other employees who have left the firm to sign the same release. Do I have a cause of action against them?
I left a company 6 years ago. I have exceptional performancce reviews and have them to prove it. When I applied for a new job with the old company my former boss who was totally piss off when I quit (with 2 weeks written notice) he fabricated a negative story about me Can I sue him for anything as this is so unjust??
Hi
I was employed in a professinal carea i left afetr 18 months with them and then found out that 4 jobs in total i have lost because he makes false accusations about me he became aggresiva and childish because i left the thing is all my referances seem to be by phone calls so i can never get the proof and i the professional capacity i was in lets just say they all stood together ! basically he has ruined my life and carea and i cant get back into to it after 3 years of studying , i just cant do anything about it ! suffered severe depression ever since and he seems to be enjoying it , they shouldnt be able to get away with it at ALL
Hi Undercover Lawyer. My Sister is having an issue with her current employer as in her job she was forced to do management roles that she was not getting paid for and that were not in her job role by her bully manager. She then applied for a Managers job at another company and her boss told her she could put on her C.V that she had been a spa manager as that was the equivolent duties she had been doing in the job. She passed her interview and the new employer was just awaiting a reference from her old company. The old company provided a reference but it was not a fair reflection of the roles that my sister did at the job and the boss and the HR department were saying they do not employ Spa Managers. My sisters new company as since withdrawn there job offer. In this situation can my Sister sue her old company for defamation as they have made her out to be a liar which she is not.
I was terminated from my last employer for refusing to sign paperwork that wouldve decreased my pay,the employer has told both Wash,DC unemployment claims examiner, and The DC Court of Appeals that i was terminated for this cause.At the sametime my former employer has told the state of Maryland unemployment claims examiner that I quit my job avoiding having to pay unemployment same as in Wash,DC and god only knows what they have said to other employers needing reference.
Can I sue for giving 2 states flase infromation?
I was recently furloughed by my previous employer. I began the search for a new job immediately. Today I was contacted my a new potential employer and I received an interview request. This afternoon I received a forwarded email from the potential employer that appears to have originated from my original employer. The email contained summons documents from a recent court case that I was a defendant in. This has destroyed my chances at being hired by the new employer. Can I take my previous employer to court for defamation or something similar? Thank You.
I think i already know my answer and but hope im wrong..
i was dismissed from work in march 2010 while on long term disability and due to my condition i wanted to put closure on the situation of losing my job, so i signed a release hoping that my anxiety and panic would subside and i would get better and find another job down the road. i am still on long term disability as i was paying the premiums from my earnings.. it is now 7 months later and i am still not well, and being terminated has effected me more than i thought it was going to do because it haunts me everyday thinking that i shold of done something and bailed because of my fear.
i am so angry and want my ex employer to pay the consequences for doing what they done..
my question is can i still sue even though i signed a release..
I have a couple of questions. The first is what trouble can I face for not reimbursement of overpaid severance? The second is can I seek any legal action for long term health condition such as asthma?
I applied for a position that required clearance. My ex-employer told the clearance dept that I never worked there.. So of course I did not get the job because the clearance department believes I lied. I am so angry with my ex employer costing me a job. Do I have a case for false information been given and not receiving employment due to the false information? thank you for your time...
My previous employer with who I signed a termination contract is still asking me to do some work for him, stating that I have to do it as the company investors are not happy with the overall productivity of the company at time I worked there. He keeps on asking me and threat me, giving me an ultimatum too. Can I just ignore him? or how can I stop him. thank you in advance for your support
I RESIGNED FROM MY JOB FOR A BETTER JOB,NOW I,M HAVING MY PAYCHECK HIT WITH GARISHING PAY THAT,S NOT IN THE COMPANY MANUAL,I SIMPLY FEEL I,M BEING DISCRIMINATED AGAINST BECAUSE OF MY RACE,I REALLY DO.I HAVE CALLED TO ASK QUESTON,S ABOUT THE SITUATION OR ANY QUESTION,S AND EVERYTIME I GET HUNGUP ON,WHAT UP WITH THAT.
I was terminated after I put a grievance for bulling at my old place of work. It was against my old boss & her husband. It got messy & only toke it to a grievance level as I was please they terminated my contract so I didn't take it any fervour. I'm now rebuild my life. Iv got a new job in the same industry & iv not use my old boss as a reference for my new job & they have not asked her for one. My old boss has tryed to contact my new boss can she do this ???
UL,
I worked for a company for almost 5 years. When I first got the job the boss seemed ok, had a level head and wasnt very retalitorey. About 1 1/2 years in this position and I was doing great, coming up on my second yearly review (everyones review was due at the same time). At which time the enitre department got a 3% riase in pay. I was doing so good in fact that I got the 3% raise plus a 15% raise and a year end bonus, i was even promoted before I had met with my boss about this guy. Then 2 months later is when the crap hit the fan. The boss hired in a new person. This new person went around after only a couple of weeks saying how this person or that person should be fired for what ever reason. This is about the time i was promoted. Every afternoon 30 or 45 minutes before this person should even be at work, could be found in the boss' office schmoozing it up with her, laughing and carring on. after about a month, this person let slip a mistake that I had cought. Behind the scenes, he told some people that he was going to let this slip to see if I could catch it. After I had found out what this person did, I set up a meeting with her, my boss and explained to her what had happened and gave her my witnesses names so that they may be interviewed. needless to say, not only were my witnesses not interviewed, from that day forward, and for the next 3 years I was treated like I was the antichrist. (It was well known that the boss and this dude were in like flint, she was always complementing the way he did his job in front of others that sort of thing and not very many people in the department liked this guy due to the way the boss treated him like the pet.) This is when the bad job reviews, and the like started coming. The first year of the bad review she couldnt come up with anything so she spread around some medical (very personal) issues that I was having to others in and out of the department, and when I asked her about it, and reminded her that I had asked her to keep this to herself, she finally admitted to it, then I got bad attitude mark on my review for asking about it. This kind of cat and mouse game went on for 3 years, it was her attempting to make me be the fall guy for everything and me CYA-ing. Now after being laid off, I really do think that she is giving bad ref's. I am going to contact the places that I applied to and get the information you spoke about like the copy of application and such. Should i write the former employer and explain to them what i am doing, just to see what will do? And do I have a case, everyone in the department knows she picked on me because of all of this, i do have witnesses that will testify to this fact. Also I would like to know where I can get a sample letter to send to the places that i applied, just so I dont miss anything. Thanks!!!
I was at work and received a call and they asked who they should talk to about a dispatcher. I told them to fax everything in writing and it would be answered. He repeated that he wanted to talk to someone about a dispatcher and I repeated my answer. They slammed the phone down and I looked at the caller ID and it was my past employer. There is no reason for him to be calling there so I am assuming he is calling to say bad things about me. Is there anything I can do to stop this or if he does get to talk to someone and start crap for me is there something I can do then?
I recently found out that at one of my former jobs, someone had given information out that was not substantiated and was not in my file to a potential employer which in turn was a part of the cause of not getting hired. I also found out that another employer has told prospective employers that I was not eligible for re-hire. I received a copy of my personnel file and that there was nothing that indicated that. In fact, I had a friend look at my file and told me that if he was a hiring manager and had seen my file he would have hired me. What are some of my rememdies?
I was laid off from my last place of employment and have been interviewed several times, 3 of which went very far into the interview process only to not recieve a call back after they check references. My office manager was on a serious power trip for the year I was there and was like a hawk over my shoulder the entire time until she convinced one of the attorney's i worked directly under to let me go, they did not even tell the other attorney as they knew she would protest their actions. I am getting unemployment but it is barely enough to pay rent and all the other bills. What should I do?
I recently quit my job at a pawn shop. This was a small company, and needless to say some folks had their hand in some shady dealings. I hated the atmosphere so i put in a 2wk notice after 7 months. I was told by my supervisor that he didn't accept notices, and that since i wasn't "one of them" anymore that i didn't need to return to work. Since then i've put in applications at other places, got interviews, and got nowhere. I suspect they are the cause. Would it just be better to omit them from my applications entirely since i was only there 7 months??
I recently missed time from work. The first time was due to tech issues (I work from home), and the second time was due to death in my family. In my employer's system, it shows that my missed time was approved/excused. Recently my supervisor spoke of time missed by employees on our team...and she sent out a detailed absenteeism list to everyone on our team. This list showed eveyone's name and the percentage of time they'd missed in the recent months. This list showed what percentage of the time was approved or unapproved...and had names highlighted with different colors, according to how much you were absent. I think this was a terrible thing to do, and even though my time off was listed as "excused", it really made me feel a certain way. This opened up the doors of gossip even more. Everyone has their own reason for any time missed from work, but some are legitimate and I feel that it was unfair for her to share this information with everyone. I should not be able to view my co-workers missed time and they shouldn't be able to view mine. She pretty much shared our information with everyone on the team. Each team member received this list of information via email. I thought that this was information that could only be viewed by HR and management staff. Did she have the right to do this? Can I sue my employer for this?
I know this got nothing to do with the subject but maybe someone can help me.
Two years ago I was fired from a Hospital due to my attendance while I was pregnant. I was sick off and on with this pregnancy and I never gotten anything from Human Resources like my director said that I should have gotten the medical leave act paper work. I did not find out that I was fired until sunday when I came in after working a few hour until I call my director about not able to get in the computers. She said that she had to let me go due to my attendance and she thought that HR sent a letter to my address letting me know that I was fired.And I was fired on a Thursday. Until this day I have never gotten anything from them. Now I have been looking for a job over a year and a half and I am not have any luck.I been at that hospital over 7 years and I had sick notes when I need them.Thank you for taking the time to read this. (There is alot more to this but trying to keep it short.)
Incidents:
1) I was written up and not able to work after telling the Director that my license is expired and will arrive in 2 days. Two other employees in the department were not for the same incident.
2) Job description states: Answer to Asst. director. The Asst. Director authorized me to leave the facility for personal reason. The Director wrote me up even though the Asst. Director confirmed the authorization.
3) The Director was telling other employees bad things about how I'm doing my job, even though it was not correct.
4) Recently, I applied for a certain full time position in the same facility which I am still employed per diem. I didn't get the full time position.
I was told recently that my former director who is fired from the department and relocate to another department was telling other employees untruthful things about me.
Do I have a case against the former director and the facility?
Thanks in advance for your help.
I recently left a Major wire house, and a client of mine called there to get some information on their account. The client associate that was ther mentioned to the client that "I was dumb and did not know waht I was doing that is why I am not there any more". What right do I have?
I recently left a Major wire house, and a client of mine called there to get some information on their account. The client associate that was there mentioned to the client that "I was dumb and did not know what I was doing that is why I am not there any more". What rights do I have?
hello, i just wanted to know if there is a way of stopping or sueing somebody for using my company as a refernce or as a employee when they have never worked for me.
"Another easier, cheaper, and sneakier way to check what is being said about you is to have a friend pose as a potential employer, and have your friend call and ask questions about you. Tell your friend to be chummy and not to take “no” for an answer. You can even find a friend who owns their own business do this so it is more legitimate."
Q. Can someone who pretends to be a potential employer calling to check your referance, voice record the conversation for evidence and not telling the employer of doing so?
I reciently recieved a poor evaluation (without documented proof of reasoning for the poor scores), after speaking to other personell that have applied with less qualifications and less experiance have recieved a higher evaluation. I am sure that my current employer has given me poor references when they have found out I have applied for a higher paying job. What can I do?
I left my high level job about 6 months ago. I did not get along with my boss, but was never written up, nor did I ever receive a bad review. On my last day, he and I had a major arguement and I was given the option of resigning or being fired. I worked out a settlement with HR where I resigned, and have a signed contract that stated that a) they would not prevent me from getting unemployment, b) in the HR system it would say that I resigned and c) i would not receive any negative feedback. Upon applying for unemployment I was denied, because my company informed them that i was fired for insubordination. I called HR up and they corrected it and assured me that it was cleared in the system. However, I have gone on a number of interviews and been given two verbal offers that never made it to a paper offer. I believe that the company is still trashing me. How can I prove this?
I was recently approached by a company to see if I was interested in a full time position with them. The company that contacted me (Company A, let's say) is a sister company to a former employer who I left a few years ago on my own accord to go freelance. I've had one phone interview with company A and a second was scheduled -- I've asked numerous times for a job description of the position that they are interested in and today when I got the job description I was told that they were not finished checking my references. I was surprised to hear that since I had not provided any references nor was asked to provide any of them yet. But the HR dept of Company A took it upon themselves to reach out to my former company and now they are waiting to contact my former manager -- all with out my consent. Is there anything I can do to defend myself in this situation? My former boss is not someone who I have a great deal of respect for, he's a bully and abusive and I could no longer work under such conditions. HR at my former company knows his track record but they continue to harbor and tolerate his behavior. I left on my own accord and under the best pretense possible to try to save face with the former company, but I have no idea what he'll say.
Here's something different. Derogatory statement by the former employer who advised my on the third day of employmenet, not to hire black women or gays... I ignored the statement and hired whoever I though could do the job. 9 months into the position, over night, the owners disposition changed as if he discovered something about me that he didn't know before, that I was Gay. I even have the former office manager who says he was told I was gay and couldn't handle the job. and was fired shortly thereafter. It took almost 2 years to find another job but was given the opportunity to dispute the only gerogatory result of my background check.
Do I have a case?
I work at a rural bank,i have a savings account at the bank,can i get the money?my former employer sued a qualified theft?
it all started when i got hor on the job,HR and the GM both told me if i got released form my doctor that i would put back on the job they lied.I begged the doctor to release me to work,my doctor did not want to do that but i begged her she finaily agreed and released me. The i had the meeting with the GM and HR the GM said to me if i got released to go back to work he would put me back on the job.They lied and added one more stepulation after i did what they asked of me and got released and lossed my disabilty the gm decided to send me to have another test to see if i would be able to do the job. I took the test and failed the company doctor failed me as a reslult i did not get my job back and losed my disablity.What can i do plesae help.
Small business employers are stuck with laws that makes it hard to survive without the family and team mentality.Employees who are looking out for themselves and work for a paycheck miss out on the perks of that family atmosphere.They can just walk out of a job and if the employer wants them to leave we have to give two weeks notice or pay for two weeks.When employers get old and can pay more they stop caring for such employees with an attitude.I am 70 yrs old and ran a business for 40 yrs and worked many late hours and cried at times when my employees illtreated me.Most who left me never found a job better than mine after they left me.I work so 5 people have a job even though I pay taxes and work week ends and nights.I can close shop tomorrow if I want.So watch what you say about "suing employers" mentality.Do you sue your parents and children?
Hi,
I have just left my job as I was getting picked on and working there was getting near impossible with the language and comments I had to listen to, and I gave two weeks notice.Today a job that I was meant to start on the 12/04/2 has asked me to accept the new role.They had called my old work wanting to speak to the higher manager regarding my references which I had provided the number directly to him.When they called they had got a college that I work with.The college had gave some bad information which was lies and said all this un true stuff about me.She was not listed as a reference.I Just want to know what my rights are now.As the college was not listed as a reference and was not telling the truth .
I worked for a company where I did alot of outside audits. We were told to verify all the items on the audit. However the audits done from the main office were not verified in anyway just checked off and filed . I had a sevceral customers who would go over the audit with me and I would sign off on it. then one of the customers went under and I lost my job over it. All of that I can understand it was my fault but the problem I have is that after I was fired my ex boss spoke at lenggth on several occasion with my husband about the circumstances of my firing and even told him I must have had a Special relationship with this customer to have allowed this to happen. I feel I was defamed to my husband and it caused us alot of problems. I did not have a special relationship with this or any of my other customers. I was asked if I had kept copies of my old audits and I answered no I did not. After 3 weeks I was terminated for falsifying an audit. I asked for an exit interview so I could defend my self but was not granted one. I was denied unemployemnt benefits. There were supposed to be check points to keep accounts from going bad from the office however no one ever brought to my attention that there were problems with my audits until I was fired I feel that some information may have been manufactired but since I don't have the originals I can't prove anything was it illegal for the information to be given to my husband about the events surrounding my termination?
Hi, I have a bully supervisor (who is also the HR) and who lies on her timesheet week after week. I know this because I calendar whenever she is running late, leaving early, or out of the office for personal reasons. The accountant keeps records of her written timesheets and it clearly shows that she is incorrectly filling out her timesheets (stating she has worked more hours than she really has). She doesn't even put the correct hours of when she is in the office. I have been at the company for 3 years and recently asked for a performance review and she flat out said that I wasn't getting a raise but that we could still have a performance review "for the books". I have not seen an increase in 2 years. She also said that no one has received a raise in 2-3 years (another lie). I know this because my co-workers who are also my friends told me they received a raise. She knows that I know about the other employee raises and now I feel like she is going to try and replace me. What can I do about this?
What if it is an internal transfer? I had a job offer to switch jobs within the same company and my CFO convinced the hiring manager to withdraw the offer before I officially accepted.
What if I don't list my previous employer as one of my references and the hiring employer wants to use him/her?
i got fired from my job because i couldnt make it to work because my son was very ill,later we discovered that he has diabetes type1. does that fall under the ADA act? do you think i can sue?
Can a hiring manager contact my previous job even though I did not provide that person name as my reference?
I worked for this comapny for 7 months. they
received unsatisfactory report from my previos employer.
i had go on sick for 12 weeks doing unsuitable job.
i was employed as clerical staff last employer but no work in office
so worked sent me in warehouse. my previous company says they said the truth sick 12 weeks please help what can i do
can u sue for these reasons
no actual proof for the boss, but only going by what the fellow employees say..
or..a boss saying he doesnt like your attitude( but then says um..ur a friendly person, he has nothing against me)
..or tips from work..not being shared equally, they take the money, and go out suppers(while me, working) and doesnt get the share of tips...
...the boss one day, says your previous employer must have been proud to have you work for him..because you dont stop at work...(...a week later..im being terminated)...
...calling in sick..providing a doctors note( which i had pains in my chest)..could have been serious.my boss states( everoyne gets sick...but work has to be done...i could have taken an heart attack"""does this make any sense..do u think i can go anywhere with this?
Hi,
I have worked for a retail supermarket, and had to quit due to personal reasons. I have applied to work there but they won't hire me even though they have open positions. I have even had an interview for the same company, but different store and told me I would be hired if my background passed. The recruited told my the background test cleared, but that the higher manager brought in a transfer employee without telling her. I know this is not true because somebody works there and that nobody transferred and instead they hired somebody else. What can i do? How can i find out why I'm not being hired? Even though i was like 90% hired at the other store.
I worked at school district in Arizona as a teacher. Ever since I worked at this district when they are called for a reference, I either never here from the potential employer again, they cancel the interview or they tell me I am not even welcome to apply. I have talked to the HR person at the district and he tells me there is nothing bad in my file so why do I get rejected after they talk to them? My former supervisor and I did not like each other but I didn't think she would try to destroy my career.
Do I really have the right to see my original applications and the notes associated with them?
I would appreciate any help and advice you can give me.
Thanks
I was fired after six days under emergency Dr for abdominal pain; also i called my formal supervisor even the permission by the Dr for rest days, undre false accusations I was fired, somebody wrote a letter about my mistake on confidentiality with my clients, but all falso arguments, i worked many years on my profession with any compalin like this after two month i was dignosted with a tumor now I'm waiting por my surgery, under the stress work in this company can I make sue for my heath situation?
I am shortlisted for a job , im in the top 3. I asked my boss to write a reference for me, he knew I was looking for work as my contract is coming to an end in September. I have been an EXCELLENT performer at work, exceeding targets by 50% etc etc, and this new job is PERFECT for me, but me and my boss have not always seen eye to eye on things. He showed me a copy of the reference which was all good. Untill one point where he wrote that in a staff forum about redundancy staff were unhappy with the way I spoke. this was news to me, he mentionedin the reference that he believed no malice was intended and that he felt it showed my passion, as such he said he didnt not take any disciplinary action... This came as a complete shock to me as it was the first I heard staff were upset. In fact i was nominated by the staff to speak on thier behalf, everything that i said I read from notes that we all had agreed on. Because it was a contentious issue it seems that staff have retracted from what I said, claiming they were my views, not theirs, and put me in the shit! So what my boss wrote about me in the reference was a case of office politics that victimised me from standing up on their behalf. What shall i do? Im worried this will cost me my new job....
A. Nothing
B. Ask my boss to retract the statement saying he didnt have all the facts and since speaking to me he understands that I was speaking on their behalf
C. Write to the perspective employers telling them the truth
D. suggestions ....
I was fired from my job as a paralegal at a law firm for starting my own business of public document retrieval. They coerced me to sign a resignation letter. It was an ambush by all five partners. They offered money - and insurance coverage- to sign the agreement. They verbally promised to give me a "good reference". They also made me sign a confidentiality agreement in which we mutually agreed not to malign or disparage each other. They have disparaged me, maligned me and failed to provide a good reference.They have not returned calls or emails from potential employers causing me to lose jobs. When they did give me a reference they refused to answer the "would you re-hire" question. I need some legal advice. Please email me at mikemullen96@gmail.com.
Okay. If I have a friend check my references under the guise of being a potential employer, can what my previous employer said be used as evidence since it was gathered under false pretenses?
i have a question. I work in the same company as my dad. i currently got hired there and want to quit. my dad does not want me to quit beause he is afraid that the boss will take it out on him for me quiting.can my dad sue for that?
I have a question.
In February, I was laid off from my job. The official reason for the layoff, a corporate restructuring and my position was eliminated.
During my time with my organization, I never received any disciplinary reports or progressive improvement plans. The only thing I did receive was a performance appraisal plan, which was good, but did highlight some areas of improvement, none of them very serious.
Recently, I have gone through a several interviews where I have come to the reference stage. Each of these potential employers were very positive about me, but after the reference checks they completely cooled off.
This last position that I applied to was with a former boss who informed me after the reference stage that I had received a "flat reference" from my former boss.
What she said this meant was that my ex-boss did not say anything overtly negative, but that her tone and attitude towards me implied I was not a good hire.
However, given that this is the second job which I have lost after the reference check, I wonder if there was perhaps something much more negative that was said which my former boss cannot tell me.
Unfortunately, she says she is also unable to tell me anything specific as she is bound by rules of confidentiality and privacy. However, given that I was considered the preferred candidate for this position prior to the reference check, I find it hard to believe that a flat reference could have the impact that it did, especially given that she also told me that my other two references were very good.
The problem here, however, is that I cannot ask this former boss for more information because her organization actually works with my old organization, where my ex-boss is. Therefore, it is a major conflict on interest on her behalf, and I have no wish to cause her to lose her job.
Additionally, because my career is in PR, I am concerned that launching a lawsuit against my former organization could potentially kill my career before it starts. Any advice?
I live in AZ. I got fired because I reported my new boss of 6 months of screeming at me and making some uncomfortable sexual comments.I it was a hostile work invironment I really tried to get help from my director and then HR but things were twisted against me all thetime and they told me they no longer needed my services. I suffer alot of humiliations and my sugar went up because of all the stress. I have never been told my sugar was high before. I am goin to a therapist for help since I feel so low and just helpless over all. AZ laws might be the worst but I know what this company did was retaliated against me and got rid of me.
I left my job at a bank two years ago of my own accord but there was an enquiry going on at the time involving me. Will my employer say this if they are contacted to confirm my time with them, not references.
what could be the reason that a former employer would block you from ever being rehired with there company again.
can i sue if? I've applied and applied for several positions at a previous job that had laid me off. I had spoken with someone in the human resources deparment. They stated that there was nothing stopping me from getting rehired. I've applied for over 100 positions for the past two years. I've been on three interviews. I have and still have not been hired. I have spoken with several of my previous managers to help me to get back on. They all have denied me or lied to me except for one. Who called the human resources department and stated that I have been blocked from ever being rehired with them again and they never told this AVP the reason why so he states. I can I sue for humiliation. Because they lied to me willing knowing that I can't come back there. I feel humiliated and I feel I have been retaliated against and I dont know why. What should I do? Is there anything that I can do?
I resigned "in lieu of termination" in Feb 2011. A client had lied to get me fired. (I worked in social services) The client had a personal grudge against me because I am friends with her ex-husband's new wife. I explained this to my employer, but the administrator is freind's with this client's family. Also this client had her services paid by a government agency and the agency I worked at needs that money so those clients basically get whatever they want. The client has laughed to my friend about getting me fired. Now this agency I worked for is telling possible new employers that I lost my job due to the issue with this client. HELP!
My name is cory I was wondering I worked for a big company as a welder. I was terminated and I rent a house and my landlord knows someone at the top of the company. my landlord was curious to why I got fired and I didnt tell him so he called head manager of the factory to get some details. And the guys told my landlord everything I was wondering if there is a breach of confidental infomation there and if I can sue. please help
i been off work for now 2 years. i have been looking for a new trucking company. my exemplorer when he talks to a white man he talks greatly about me but, when he is talking to his own kind its a total different story. in the last 30 days i have had at least 30 potential jobs but after they talk to him they tell me that it won't work out. but they won't tell me what he said
I have been out of work since January 2011 and still cannot find a job in my field which is the dental and medical field. I had been employed for 2 oral surgeons for over 4 years with over 15 years experience. One of the surgeons I worked with was great, we got along very well, no problems, no issues; but, the other one was just horrible towards me. Not at first, but when he saw that I didn't approve of sexual comments, advances, etc., his whole demeanor towards me changed. He did everything he possibly could to make me miserable hoping I would quit my job. The last year working with him, was so degrading, he no longer allowed me to assist in surgery, had me scrubbing instruments, turned the other, very young and naive assistants against me, and made a significant difference in the way he treated me compared to them. He would speak ugly things about me to the other assistants and it got to the point where no one would speak to me or let me know what was going on if he gave them instructions to do something. I was non-existent there. At some point this doctor gave into an old habit of his and he knew that I had figured it out. I kept quiet about it while noticing some patients were not getting their full doses of sedation medication via IV and caught him putting the syringe in his lab coat. Things got even worse after that, and he finally fired me. Said that I was causing problems with the staff, patients were complaining about me and was not doing my job. The other surgeon fought for me to stay as long as he could, but they were partners in practice and the decision was ultimately the tyrant's. I was told that he made a comment saying he was going to do everything in his power for me not to get a job in the area.I am beginning to wonder if he IS doing this because I can't find a job. I have had 2 interviews and found out that the tyrant is spreading ugly things about me, speaking very negatively about me. The interview I had was a doctor I knew well and this doctor knew my former employer well also. He told me that he didn't believe what was being said because they all know how this tyrant is. Many surgeons in the area do not like him. Once my meeting with the tyrant was over and being fired, the other surgeon came to me and apologized for what happened,for letting me go, and he did not agree with the decision but had no choice. Also, said he would give me a good reference if I needed one. I have no income coming in, can no longer collect unemployment, about to be evicted from my home, about to have my vehicle repossessed and living in poverty because of this tyrant!! I do not deserve this! How unfair is this and what is wrong with this picture??? I cannot take too much more of being depressed with no job and no money!!!I did seek advice from an attorney, but said it would be a long drawn out difficult case without hard-core evidence. Well, I have vulgar text messages saved and printed out; what more would he want?? I think attorneys here are afraid to go up against a doctor. Any comments ,suggestions??? I am all ears!!
i was recently fired form my job of 6 months, they gave me no reason at first, but when i tried to apply for unemployment they had a laundry list of things that i had done that were not true. i have no idea what to do.
HI
My son works for health care and there was some personal issues between him and the manager. He has now found another job and they are threatening him to phone his new work and bad mouth him. Please advise how to deal with this.
My husband was recently laid off. When he was hired he had a different boss, that retired, the new boss did everything he could to prevent my husband from moving up and advancing. Bottom line is my husband has always received stellar reviews even with the new boss. My husband has applied for two positions within the same company and both interviews went great but after the hiring manager spoke to his old boss the job opportunities suddenly went from the hire level position he applied for to a lower one. My husband suspects his previous boss is saying something that is causing the new managers to feel he could not handle the hire position. Is there any way to find out exactly what the old boss is saying and if it is incorrect what my husband can do? Many thanks.
I was mobbed by a group of women at my last job, and instead of checking the facts my bully boss blamed the situation on me and said I didn't get along well with others. The women's behavior included screaming at me in front of others, asking me personal questions about my sex life, and expecting me to share confidential information about others related to my job. I got along very well with all others in my workplace except these 4 women, and I worked diligently to resolve the situation with them. I thought I had before I left the job, and my last review reflected this. However, I have proof that this bully boss has been giving bad reviews to potential employers, which explains why I haven't been able to find a job over the last year and a half. Anything I can do? What can I tell employers that will give them a heads-up about this guy that doesn't make it sound like sour grapes? Thanks.
Do I have to prove that a particular company would have hired me had it not been for the bad boss or is it sufficient that I can prove that my former boss did bad mouth me to a potential employer?
I was terminated a couple of years ago based on false allegations about my performance. I was victorious in a hearing that lasted five months, and was ultimately awarded unemployment benefits as the hearing officer determined that I was not fired for sufficient cause. I was recently offered a job in another city and accepted the position. I packed my belongings, arranged to have my car shipped and purchased an airline ticket to begin my new job. Then, I received a letter from the new employer rescinding the offer based on derogatory information received from my former employer. What do I do now?
In July of 2009 i was 6 months pregnant and fired from my job. I was not given a reason to why he was letting me go. He told me in the office it's time to part ways. I don't understand why he did this. He use to "write" me up for messy handwriting all the time. But from what i was told by his Boss they never recieved these. After i left the office manager called me to tell me he was saying he fired me because i was pregant. It took me a year to find a job and i struggled with a newborn. I still am. Is it too late to do something about this? i know a year ago when i spoke with the office manager before they asked her to "resign", she said they were still afraid i was going to sue them. When i first told the director i was pregnant he became mean. I worked long hours everyday because we were short. I always came into work and i loved talking to all the patients. I never had a complaint about me! He lied numerous times about the way i acted towards patients even though he was never there to witness. I spoke with HR after i was asked to leave and they had no idea i was pregnant. I was informed by the director they knew. His Boss's were unaware that he was firing me. The director told me on over the phone while he was on his way into the office that he didn't want to see my face when he got there. I wish i did something back then, but with the stress of a newborn and looking for income i didn't know if i could handle anything else! Am i too late to do something?
I was called into a meeting with HR because it was alleged that I had misappropriated funds. I have a statement from the company in writing that after the investigation audit I was in the clear. Each employee in and (tried) to make them say things about me. When one of them did not HR argued with her. I was demoted to another position, I resigned. I'd worked there for 17 1/2 years. HR was new and so was the employee making the accusation. This was in 2009, it's September 29, 2011 and I still haven't been able to land a job. The interviews go very well, and I can't think of any reason not to get a job except that negative information is being given about me. All I want to do is work, and make a living to keep a roof over our heads.
I have been looking for work for the last 2 years and I think one of my past employer is giving me a bad reference and I seen where you mentioned that there are companies that you can hire to check into this for you. How do I contact one of them?
I think my employer is giving a bad reference about me cause every time i apply for a job everything goes good until they check my job than i don't never hear back from them and when i call them back they say they can't offer me a job at this time but we will keep you application on file
Shortly after I was fired from my last job (within 3 days), I interviewed with a local hospital (I have 10 years of customer service experience, and 4 of those were in health insurance companies) and got the job. I was told I would start the following Tuesday, providing my references checked out. My references did check out, but one employer (I know who) told the hospital HR person that I was ineligible for rehire the day I was supposed to have started there. The HR rep called me to let me know that the offer was withdrawn. I asked why and have their response sent to my email (for my records). A few hours later, I got a response from the HR person at the hospital. That's how I found out I wasn't hired because of being ineligible for rehire.
Can I miss out on a job due to rehire status at a previous employer? I'm in WA state.
Hi, recently I have finished a six month contract with an employer and I am looking for a new role. I was nearly offered a role, providing that receive positive feedback from my previous employer. However, on the last minute the prospective employer said that they are unable to offer the position because my previous employer had provided negative feedback, saying that I was absent nearly every week and I never told her why. Which was untrue. I was a casual employee therefore I was never entitled to sick leave. I believe that I was genuinely sick at the time and recently took a blood test, finding out that I have a deficiency in vitamin D. Can I sue? Also, the previous employer said that she was Norseman happy to be my referee and never addressed me that she had any issues with me. I feel betrayed and lost a big opportunity. What should I do?
I was accused of doing things I didn't do at my old job. I was written up and suspended, then terminated. But the things they accused me of doing I didn't do. I found out from a friend that one place I put an application in that they wanted to hire me, and fought to get me hired, but HR wouldn't let them hire me because my last job gave a bad reference. Would I be able to fight back?
I work in recruitment and my previous boss gave me the choice to resign or get fired as he didnt think the branch I was manager of was going fast enough. He told me that if I resign he will give me a good reference. I have since joined another company which I hate so I have been attending interviews for another job and have been sent a reference by the rec to rec company i am using by my old boss lieing in the ref. This has had a massive effect on the interview process and although the company has offered me a position due to the ref they have offered me 8k less than what I was originally put over for. Do I have a case to sue him or can i stop him from giving out references like this in the future.
Thanks
I applied for a position with a government contractor. I was interviewed for the position and it went really til the end. When I was laid off from my former job, I started my own business(which I still do) I set my own schedules. The manager of the department asked me that if I got the position, would I still be doing my business. I answered truthfully, yes. I explained that I controlled my schedule and it would no way effect me working for the company as the hours are M-F 8-5. My business operates from 5:30 til 8pm. My question is should I have been asked about my business during that interview. I didn't get the job and I feel that is the reason because she herself told me that I had all the qualifications they required and I'm still working on my education and already had more education than they required. I found out they hired 2 25 yrs old white female who did not remotely meet the qualification, had no contract experience, and I am certified. But my age is 47 and I am black. I forgot to mention that there was no blacks working in contract/pricing because I was showed around the office. What can I do about this?
Hi, amazing thread, some really good comments on here adn a ot of stuff i never even thought of..I have a question which hopefully someone can help with..
i am currently in a job that i love and have been doing for 2 and a half years. A new person has started who worked at the last place i worked. When i was at my last job i was accused of orderering myself a mobile phone and not returning my old one(it was a mobile phone comapny i worked for). This wasnt the case but as i felt i couldnt go back due to the damage to my reputation(i was in quite a high roland was a very gossip driven culture) i resigned from the company during the investigation. the company accepted this and that was that. i then started my current job which i love and i litterally live and breath .
This person who is starting at my company is aware of what happend with the accusations(though they where not true)at my previous job.
If she was to tell my current employer what "happened" at my previous job, would they have any grounds to investigate and potentially sack me even though i resigned from the company and there was never a formal outcome to the matter from my previous employee.
I am just worried my past could hinder the best job i have ever had and i didnt do anything wrong.
Can any one advise...Thanks
Hi, I was recenly let go from my job, the reason they gave me was without cause. This is in the medical field in a small doctors office. I have started to look for jobs, so I had a friend of mine, who is a highly educated person call and get a job reference for me from my previous employer. They would not give me a reference and kept saying to the caller no comment. What do I do. They made me sign this lenghtly document before they gave me my severence. They also said that if the caller would fax there info to them they would fax some information back to them.
I resigned from a job with the state in 2005 i have lost more than one job since then after i was hired and denied the job after the former superviser was called i have heard about some of the very untrue thinng that are being said about me that were if true i would be in jail and i have heard from other employees that worked with me that i am the laughing stock of the company i should mention that i was a corrections officer and wouldnt i be justified for all the grief he has given me to kill him.
i have been offered a new job but my last employer of 5 year has not done my referance this could make me loose my new job
Hellu, Undercover Lawyer. Can I sue my manager for not renewing my contract for no truthful reasons? And now they are defaming me throughout the whole company, in other departments, to prevent me from finding a job under different management in the same company. And the word is spreading fast. Everybody knows how bad I am, without even having ever seen me. Can I sue them for all of this?
Over 5 yrs ago I was accused of sexual harrasment and wound up resigning from my job and started a new job. I have had a job for the last 5 yrs and now the company closed its doors. Can my previous employer give reason to why I resigned?
I work at a local hospital as a volunteer. I do this to stay positive and also to gain employment there. i have made it known that I'm activtly looking for employment, but the department that I'm working in the women there calls me girl,honey,dear, dearest and a couple of other names besides my given name. I contronted her on it and she and others have turned it into me just being a trouble maker. Sould I just stop volunteering there and go somewhere else?
What if I was still employed at the time were I applied to other companies and interviews and everything went great and I still didn't get the job but was still
employed by the same employer.
Can I still sue if I find out the reason I didnt get hired was because my boss was giving bad references?
I recently was turned down for a position because they stated that 2 of my personal references said "negative" things about me. I was shocked. The employer would not yell me who or what was said. Do I have a right to that information?
hi, i am currently in a situation where i think that my ex- employer is saying bad about me bcus i applied everywhere i know and no once is hiring me. i sued my last employer bcus he laid me off from the job and when i no longer working for them i applied for unemployment then i got denied bcus they said that i quit the job for school, yes i was going to school and i requested for part time job and i cannot do my full time job anymore.what should i do? i sued the company he told me that he was laying me of bcus i do not straight days of work..bcus my schedule is school, work , school , work... he wants me to work sat but i work 2nd shift and wants to come back to work at 6 in the morning of sat.what should i do? am i right as an employee or i am wrong...he said, he was laying me off then he said to the EDD that i quit but i did not quit, i mean i am available to work, when i was talking to him it seems like he wants me to give up my schooling and just to go work for them? i mean its the same part time, its just not straight days! do u think im gonna win the case?
i am still employed my employer will not give me hours to work trying to get me to quit. I have been putting apps out every where with no return call. I had my girl friends company's H.R. call for a reference. They reported that i had quit two years ago and lost my file. how do i go about going after them.
Hi,
I was working in a company for more the 5 years. At the time of joining notice period for the employees was 2 months. Around 6 months before, they changed the policy and made the notice period of 3 months, although buy out option was there. I resigned from the company and served almost 2 months of notice period. I did complete all the KT and handovers and my immediate managers also approved my resignation and last working day.
All of a sudden on the last day HR start yelling at me saying that she can't approve this resignation as this goes against the policy of the company. Somehow my last day and resignation got approved. But at the time of clearance when I submitted my ID card and everything, I was told my clearance is pending at HR level. After enquiring with HR she asked me to provide my next level managers approval over an email, irrespective of my next level manger has already approved it through the system. My managers mail came on the next day for the same and these HR fellows changed the date in the system. But it was on the next day till then my ID and everything was blocked.
After sometime she has started saying that my relieving and resignation was not executed as it was not approved by some department. I did insist to revert the date and make it the same day as it was earlier, but she is not agreeing on that. Now she is refusing to give me the relieving for that particular day. Which I think is very unprofessional. Here I am seeking advise and help to file a legal case for the company and related people. Would like to know also how strong is this case, In case I decide to sue my employer.
Please advise.
Thanks.
Is an employer allowed to order me to not tell anyone that I live a Holistic life? I handle our companys benefits and I have never pushed my life style on anyone nor have I ever told them not to take prescription. My supervisor called me in her office and told me to keep my personal comments about being holistic to myself. I and really upset because I should have a right to tell people that I live a holistic life. Please advise
can anyone help my ex employer will not give my new emloyer my start and finish dates so i can not start my new job and could loose it i have tried acas etc with no joy
can you please tell me where i need to start with solicitors please, as i believe my ex employer keeps giving me a bad references. and i had a certain job up until he gave them his ref!!!! at the end of my job he turned out to be a nasty piece of work and still is been. also he carnt make his mind up if he has sacked me or i walked!!! due to him saying i walked from the job i got my income halved and then to give my cert job a ref to say i was dismissed for gross misconduct i really dont know how to go about this. please help.
So I was trying to transfer within my own company...in order to do so my current manager had to discuss with my soon to be manager. I was told I had the job besides this meeting. Well I didnt get the job and HR told me what was said about me and why I didnt get the job. She has never written me up and only ONCE talked to me about an issue. So this is definately slandering me. Where do I start?
Good After noon .. So i have a question .. I was terminated by my job yesterday 1/9/12 .. I worked for this small company for 7 months who has been in business since 1893 . Within the 7 months , I went to the boss about a problem with another employee , why this other employee is doing another full time job position and leaving me doing all the work . After the boss and I spoke , i went and moved on with my work . A few weeks later the same employee came to me and mentioned that the boss said that he and I ( the employee ) had to talk .. the talk was about things that the boss told him to talk to me about . So after being blown away about having the boss have an employee come to me about problems or concerns about me , I once again went and spoke with the boss , asking if the things that the employee told me were true . The next day I went to the Boss' assistant and asked her if she can ask the boss , next time he has something to say or any concerns , please come to me or go to someone in charge and not to a fellow employee . So after reaching my 6 month mark I was given 5 sick days .. seeing i have a personal life outside of work and things weren't going right , I called in work on monday the 9th of Jan 2012 , and left a message stating that I was not coming in today that i needed to move and I would like to take a sick day . That same day at 9:30 am I get a phone call from my Boss stating and demanding that i was lying , and that I was being terminated. He never gave me a chance to speak on the phone call , and he said what he had to say and hung up . So i called today 1/10/2012 to see if they can provide me with a writting letter of my termination . She mentioned that it probaly would be for Misconduct .. But after researching the whole misconduct of a workplace guidelines , I didn't fall into any of the Misconduct reasons . So how what do I do , Do i take this to an attorney ? do / or would I even have a case ?
About 7 years ago I worked for a Temp agecy for a factory and at the time you were only allow to work 6 months then your time was up. So I worked there for the Temp agency place for 5 months then I quit and started a full time job some place else. Now I am trying to get on with a Different Temp agency company for the same Factory and the Temp agency called me up and told me that I was on the Factory Do not re hire list. I allready did a Drug test and a physical for the Temp agency for the Factory company. Then I get a phone call from the Temp Agency telling me they can not hire me.. Can they do this?
Thanks
My name is 'Nicole' and I have a few problems. I was a receptionist at a spa owned by my boss, no H.R. available except in Phoenix where she sent our paperwork to. I started last year in February and quit in June the same year. I have had former employees while I worked there say completely mean things about me and when I went to talk to my boss, she blew it off saying, "you're the new kid here, it's only natural". They said to me things that were untrue and hurtful and it upset me to the point where I cried multiple times at work.
I had become pregnant when I worked there and by May, I was three months pregnant but, I didn't know it. On May 6, I had developed a terrible UTI during work at around 4pm, which caused too much bleeding to be from a UTI. My boss had been there and people were telling me to go home and that I should go to the hospital. I asked my boss if I could leave and she said no, even though I was running back and forth to the restroom every three minutes with excruciating pain. When 7pm came around and we closed the spa, I immediately called my aunt and she met me at the small med clinics by my apartment. After taking a sample of urine, the head doctor came in and told me two blood types were found and had said I had suffered a miscarriage. He put me on medicine after taking out the unborn child. My boss told me that I needed to call her after I got out of the hospital and, around 11 at night, I called her, telling her I had suffered a miscarriage. She told me that if I didn't show up for work the next day, I was fired and hung up the phone.
I showed up to work even though the doctor said to not work for at least a day to let me heal.
A new employee we hired began working to help me on the receptionist duties and only her and I knew the register and how it worked.
This happened on my birthday and I remember very clearly that the register did not have a lock but, a simple key to open it and the cash bag that was filled with money was stuck in between folders and did not have a lock on it.
At closing, $100.00 went missing and after going through the receipt papers and the money bag about four times, I called my boss and told her that the new employee and I were the only ones on the register and that we have $100.00 missing. After having my boss yell at me and curse me out over the phone, we closed the shop.
Money had gone missing a few more times after that, getting higher and higher until I finally took the register key with me where ever I went.
Eventually, money began disappearing from the money bag and I finally had enough and called my boss and told her that this is ridiculous because the whole entire spa had absolutely no cameras anywhere and people were being blamed left and right.
Well, that new employee referenced her friends she use to work with at another spa and they would always hang together.
Finally, after being threatened to be fired multiple times because the register was my responsibility, I quit, giving my boss my resignation letter and a letter of recommendations for her to improve the spa's security. When I went to go hand it in, she had a paper ready for me to terminate me and have me written up. I did not sign the write up nor the termination papers, telling her I handed in my letter of resignation before she could fire me.
Only her, myself and two other employees had keys to the spa.
Please help me! I have had former employees still contact me and harass me, calling me a thief even though I never did a single thing. Please help me, I have no idea what to do.
I recently heard back from a prospective employer stating that my application could not move forward because "there is history with me". I discussed this with a job recruiter and was told that this meant that I had a bad reference.
So now I know there's a bad reference, but is there any way I can learn who it was, and what was said? I certainly do not know the person who mentioned this about my application (I subsequently learned who the person was who passed along this information).
I have a rough idea of who the past employer could be and suspect that something illegal was mentioned (the person I suspect from my past has a history of doing this, but this is the first time it would have cost me money and reputation).
If I could learn from this potential employer who said what I am positive I would have a good case. I am getting so very tired of this.
Thank you.
I work in IT sector and the software which i am working is having very less skill people. It is very hard to get an employee who can start his work from First day. So now i got the job from the other company who is also selling this software. Now my current employer told the Software company that other partners are poaching their employee. They have done this to put pressure on other company. What should i do?
I sued and won....I work for a Security company and sued them for getting fired for something I did not even do...They sent me a letter on my day off and told me never to return because I abandoned my Post..I was not even there that night I was off...What a bunch of idiots..It turns out everybody in the office lost there job...The corporate office fired everybody....lol....Plus I got paid a good amount..This is what happends when you hire morons to run an office....
I doubt there is anything that can be done about this and this is more or less just a rant. I work for a police dept. I'm a dispatcher and do various administrative duties. I've been here over 8 years and haven't received a raise in over 4. even after I learned that a certain qualification we have requires a raise. This is a small department and city hall basically runs us. Last year every one in the dept. got a raise but the 3 women that do office and dispatch duties. I understand we are on a tight budjet so I applied for a job at the county central 911 dispatch office. I was basically told I had the job since I had the experience and was certified. I would have been making 10,000 more a year at this job. To make a long story short my employer called or visted the head of the 911 center (whom i hear he is very good friends with) and convinced him/them not to hire me because if I left my current job they wern't going to replace me. I got some letter in the mail saying i didnt get the job because of either "this reason or that reason" it wasnt until a couple weeks later I found out the real reason why I didn't get the job. It really hurts that someone can do this and get away with it.
My old employeer keeps giving callers of my old company cell phone a number of a company in Indiana that I am consulting for. While I live in the same state of CA as my old employeer,my question is this....Can they just randomly give a number to anyone that calls my old company phone. What should I do about this?
While at my last job I had health issues with many missed days of work, but once I was diagnosed and put on medication I did not miss as much work. Besides the missed work, I had no other issues or write-ups. I separated from the company with an approite 2 weeks notice and was even told that I have a job there if I ever want to come back. If my old boss is going out of her way to make sure a potential new employer knows I missed work but for obvious reasons can't go in to detail of why I missed work, can I sue or go after my former employer?
I've suspected for about six months that one of my references has been sabotaging my job search. I just found out that I was right. I've lost two opportunities now, and I suspect it was because of this person. The twist is, she was a mentor from my unpaid internship. Can I sue her for defamation?
I started a new job in Nov 2010 (I worked for my last employer for 8 years) for better work hours and a little more money and bonuses. I was interviewed and worked for Supervisor A and had no comments or issues when my 90 day probation period was up. I was sent a survey to complete and rated Supervisor A highly and that I enjoyed my workplace.
Shortly after that time there was some restructuring in our department and I was assigned to Supervisor B in March 2011. I heard rumors about this person, but if they were true I could not understand how she kept her job for bullying and cursing at her employees. In April 2011 I discovered I had health issues and would need to have several appointments with doctors. I notified Supervisor B of this and my concerns for how this was going to affect my job and the projects we were working on. She felt I was not eligible for FMLA as I had been with the company for less than a year (approximately 6 months). She said we would work around it. At her request I planned all my appointments for the morning and went to work immediately after, usually around 11:00 or 12:00. This included going in to work after having a uterine biopsy.
Supervisor started making comments about the time I was missing. I worked until 8 or 9 pm to make up the time I missed for my appointments. I did not take any sick days at all. This supervisor was stressing me out and literally making me ill. This went on for some time. On June 1, 2011 after one of her rants against me (no cursing but speaking loudly) I told her I couldn't take it anymore and I left. When I got home I notified the department head and HR. HR said they were sorry to hear that and that I should have gone in and filed a complaint or discussed my issues before I left. I have worked for 26 years and have never done anything like this.
On June 3, 2011 the sale of the company was finalized and on November 1, 2011 the company's assets were transferred and my last employer no longer existed,
I filed for unemployment and cited harassment and hostile work environment. In hindsight I should have gone to HR but the company was in the process of being sold and since my co-workers had filed complaints against supervisor B I felt that HR would not pursue or take action. Since I did not file a complaint with HR my request for unemployment was denied.
Here it is 7 months after the fact. I have had a few interviews but no offers. Since the company I worked for no longer exists can I still sue if I find out that they were giving me a bad reference? What is the statute of limitations to filing a suit? I have even signed up with 5 major employment agencies and have only heard back from 1 about a job but it was too far and too low in pay for me to take.
I really hope you answer. We have nearly exhuasted the savings we built and since I am not eligible for unemployment that I paid into for 26 years we are considering bankruptcy.
Hi, I resigned from the place I used to work for and I am currently working as consaultant in same industry. My ex employer called one of my clients and told him that I used stolen documents from his company to set up my clients website. This was very embarrassing and damaging to my reputation. Also not true and not something that he could prove. My client uses same software supplier as my exemployer
He also called the software company and told them that I stolen documents from him. He told this to another 2 people at least. All these people are willing to testify. I feel very upset and may lose a possible business deal because of all this. More importantly I worked nearly 6 years for him and I was working day and night avarage 60 hours a week without overtime payment and do not deserve this treatment. In reality I am so stressed and depressed about all this. He doesn't even know what he is talking about and does not understand how the system worked. Even his current employees warned him but he still called my client and other people. I feel I have right to receive compensation for the undue stress and damage to my reputation the least. Can you tell me if I have right for that?
If your former emploer has accused you of stealing, and it caused damage to you and/or your business, you have a gift that is not difficult to win in court.
Any lawyer could win this with one visit in front of a judge. All the lawyer needs to do is ask the defendant to present the charges and sentencing that you received when you "stole" whatever it is you are accused of stealing. In order for "anyone" to publically declare that you broke the law there must be a record of your guilt, or there can be serious consequences for your accuser. There is plenty of precedence for this, which is why it's usually a no-brainer. In fact, even if you did steal something, but there were never any charges laid against you, it's still a case that's easy to win.
i was terminated after i was jailed for sumthing non-job related i gave a 3 hour notice and another employee notified the supervisor and the supervisor denies ever being told, i was also reporting him to the owner and his rep for the stores for sexual harassment before my incarceration, but nothing was ever done and it wasnt the first time he had been accused of this.. this was in oct of 2010.. wen i was terminated that same month i was told that i was an "AT WILL EMPLOYEE" .. and i had a hard time getting another job for 8months then i got a job that didnt check my references but i quit it due to moving out of the county and commute bills .. well now im having an even harder time finding a job because where i live now they check my references.. well i applied for unemployment and they printed out wat that employer has been saying about me ...so i have a copy of wat the unemployment agency was told .. wat can i do now at this point... ???
Dear Cannuck57, I appreciate your time and valuable information that you have provided. Is there a good representative that you or anyone can suggest? I have bucket loads of more trouble coming to me. I have health problems as well as my partner (7 months pregnant) put through lot of stress accused of leaking inforlmation to me. She had to stop doing work (self employed) for the place I used to work too now. My ex collegue and good friend who still works for this company is also blamed. All with no basis or proof. I can infact prove without a shadow of any doubt that I am innocent. I used complete different workings to help my client. Never shared any documents or info belonged to my ex employer. I hope someone can provide me a number that I can take these further.
Thank you
Hi, i used to work in this nursing home (A) for two years. I had a good record, almost perfect but... i quit the job coz i applied and got employed in a hospital... Employer A gave me a letter of recommendation. I tried the hospital job for two week and felt its not for me at that time so i quit. Hospital A already got a replacement for me, so i applied in a diff nursing home, got hired and worked there for like 2.8 years. Then i pursued a course that will help me prepare better for hospital work. I quit that job to finish the course, i finished the course and applied to work in a hospital. Now the economy is worst and it became hard for me getting into a hospital coz now they only prefer nurses with prior hospital experience so they dont have to train them much. I tried applying several jobs but to no good result. I used Director of Nursing in employer A as reference several times but to no avail. Now, as plan B, i went back to applying in nursing homes. I called employer A if he has an open spot. Director of nursing at employer A told me i cannot apply there, said I am not as strong as a nurse to work there. He said i dont have good decision making skills and i cannot apply there. I was surprised as i had a really good record when i worked there. I didnt do anything wrong and he even wrote me a letter of recommendation, and i have been putting him as reference in my job searches. I asked him i dont understand what you mean? I have not worked there for a long time? He said i need really strong references to work there. I feel there's something wrong here. Seems like my status becomes 'non-rehiraable' and i didnt do anything wrong while i was with them.
Now this doesnt feel right. I feel treated in an unjust manner. Do i have a case?
I meant 'nursing home' A already had a replacement in the fourth sentence...
I'm UK based but have been amazed at all the tales of woe on here about unscrupulous employers. I thought I was the only one to have met a few right *()*)*). I'm sure lawyers can do a lot to help you, but there is one right of redress that can really get back at bullying former boss and that is to go to the press and tell your story, or threaten to hit them with damaging publicity if they don't immediately change their ways!
Hey, I was previously employed at McDonalds and I read through your article because a couple days ago I was at work and had some personal issues going on with one of the hourly managers, well when i went to talk to the first assistant he went off on a tangent about how he can understand why she would not like me and when i told him I was not going to stand there and listen to something that did not have anything to do with the situation at hand he told me that I was fired and to go home so when I took off my work shirt (yes i had an undershirt) and my hat i threw them to him because he was about 10 feet away and he got in my face we exchanged words and then he pushed me and had a small scuffle and then when I started to take control of the situation he yelled for someone to call the cops. long story short he and I had some personal problems and my o so swell job at mcdonalds did not end the way i planned. He is still employed even though he started a fight with me and im afraid he was altering my hours (someone text me that he turned off the camera to the office and was on the computer for a few minutes) so i know my last paycheck will not be what it should be and i know when potential new employers call they will hear the exact oposite of my side of the story. if i have someone call and pose as a potential new employer and record the conversation do i have to let him know im recording and if he says anything about the scuffle do i have a case for slander?
I am gratefull that I am not alone in this battle of me against them. People who stand up for thier rights are the ones whom the companies like to blame. I told my employer that I plan on taking this all the way to the top. Not only was I humiliated degraded and so on (much much more)the more they deny me the more pissed off I get. I fin that the more pressure you put on them the more they screw up. I am saving all of my documents and hopefully I am able to prove this whole nightmre. Lie about me some more and blah blah blah!!!!Wah Wah waaaaah!!!!
I have a new job and after one week, Ive become ill to where I cant go into work. The recruiter who found the job for me is wondering what is going on and has called two of my last jobs on my resume and wrote to me in an email that they both talked bad about me. Is there anything I can do?
Hi , A letter was recently posted to my old address regarding a payement i recieved from my ex employers. Long story short. I was left with no other option but to resign from the company I worked for due to unprofessional treatment I recieved, and for Moral reasons (I witnessed a lot of distressing icidents) I work with children and when I expressed my concerns, They were ignored. I left in june, and they paid me in july. I didnt realise this and spent the money. I am working for a brilliant company now whose best interest lies with the kids, Ive really settled in. I got a letter from payroll saying if i dont return the money within 7 days, My ex manager will ring my current employers a phonecall and retract the reference they gave me. Can anyone give me any advice, please
wendy.
Hi,
What if I call my ex-employer and ask if he is ok to give him as a good reference and he says yes you can count on it and back stabbed you after? what if he gives negative comments to the hiring manager? can I still sue him ?
Hi I recently started a new job and after three weeks they called former employer.I gave previous employer two weeks written notice and was told by human resources that I was a good employee before leaving.Well my new boss called previous employer (not sure why but she told me she knows someone there)and was told I had a bad attitiude,was hard to work with and probably would of been fired anyway.Is there anything I can do about this?
I have a question. I was fired via an email from a former employer while I was out of town on personal time off. I was told only to communicate with my former employer via email or in writing. However, my former employer gave me a letter of reference which I have. I have gone on many interviews, submitted my resume passed all of the interviews and was in contention for several positions. I recently applied again and the last place told me that when they called my former employer that he said, he would need to consult legal counsel before speaking. Then he said that he heard to many things and that there were problems between him and I. I was employed by this company for 16 years. I have not worked since June of 2011. I was not able to collect all of my belongings to this day. My question is: If I have a letter of reference from him and he made these statements to someone on the phone, what should I do? Please respond. Thank you.
Hello...I recently left a high-salary job at a privately owned medical clinic. I was placed in the position after being promoted due to a long and stellar work history and highly rated performance. After about a year of making positive changes, which were popular with the majority, one smal group of physicians became threatening. The behavior escalated to the final occurrence, which was that this group began spreading falsehoods about my replacing nurses with lower-qualified MA's. As this rumor spread, I also received a written threat that I should be shot. At this point and previously, I reported the behavior to my superiors and to HR, requesting action be taken. It was promised that it would be handled, but nothing was. The "shooting" threat occurred on a Friday. The following weekend I attempted several times to contact my supervisor, but was ignored. That Was when my husband and I decided I should remove myself from the situation immediately. I resigned the following Monday and left without giving notice, due to the hostile and threatening circumstances. Now I suspect the former employer is sabotaging my search for a new job. I've removed them from my resume after months of searching, and suddenly now am getting interviews. I've recently been hired. Do I have a case? What is my first step? Thank you!
Eddie 2:
I am not a lawyer, but I do know that most lawyers will give you 20-30 minutes of their time for free to review your status and your case. If there is something illegal being done against you a lawyer will see this and go to bat for you. It will cost, but generally you will win more than your legal fees in cases that are typically "open and shut".
Today I was told by a possible employer the only reason I did not get the job as a CNA for home health care was my ex boss saying that I "had personal problems at work". This is not true, but because she said this the director of nursing couldn't approve me to be hired. Should I just contact the company's HR and tell them about what my ex boss did or should I seek legal action?
Girl3: Have a free meeting with a lawyer and learn exactly what you can and cannot do given your exact situation. I would avoid talking to that company's HR and say anything until you have spoken with a lawyer. You sound like you could have a solid case, especially because someone has related to you what was said (i.e. a witness), which is rare. There's nothing worse than consulting with your previous employer over such an issue, and then have a laywer tell you, "oh, you shouldn't have done that" :-).
I have a question about a past employee whose been giving me a bad reference – (in my past supervisors abscence). I left my job because of this individual. She was NEVER my supervisor but I learned from a past boss that she did indeed have bad things to say about me instead of connecting this person to my actual past supervisor. I have half a mind to have a friend call this company and see what she says and have it recorded, if possible. I loved this job I worked at, just didn't like the psycho I worked with and she was "good friends" with my supervisor. Loved my supervisor though! Good lady; and when I did leave I told her confidentially why I was really leaving and it was because of this goon.
Am employed @ a certain garage in Durban ,the problem is am a foreigner and am not registered I work from 6 to6 for 2weeks and only get a single day off ,It's been 2years now working under such oppressive management .who can help me or where can I go to get help to bring this oppression to an end is there any benefit which I can get from them ,am not registered to any lawyers o organisation which can help me,they pay me any how am not payed per hour they just do whatever they deem necessary
I was dismissed from my job and yes I admit i was guilty of the charges, but at the time i was suffering from severe depression anxiety and paranoia. I paid the price for my offence by losing not only my job but my home aswell. After a lot of therapy and prescription drugs I am on the mend all i need now is to get back into work but this is being hindered by my former employers reference I feel like I keep being punished for the same crime and I am unemployable because of 1 mistake.
well my old boss told the new place i was trying to get a job at that i was a good mechanic even a grate mechanic but when the weather got warm i seemed to take off on my harley for days without calling in that never happened and its been 6 years sents i worked there do u think i have a case.












Mark R. 2 years ago
I have a question about this. Suppose an ex-employee really was terrible at their job and always had a negative attitude at work. If a potential employer then calls that person's previous boss and the boss tells the truth about the ex-employees performance, can they still be sued? How do you prove that the previous employer is telling the truth?