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Old 06-25-2012, 07:53 PM
 
44 posts, read 133,863 times
Reputation: 14

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Quote:
Originally Posted by thebunny View Post
This could be an issue, honestly, as MANY employers will feel that an employee should be willing to take on new responsibilities as the job evolves.
my boss was trying to make me do things that I was not qualified to do and would put me at personal financial risk. I'd rather not go into details.
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Old 06-25-2012, 08:47 PM
 
Location: Las Vegas, NV
553 posts, read 1,045,919 times
Reputation: 800
Quote:
Originally Posted by MSchemist80 View Post
It is not a high risk play. You have nothing to lose. The worst that can happen is they continue badmouthing you which they would have done anyways.
There are degrees to which a former employee can be bad mouthed. An employer who doesn't like a former employee may not give a positive reference. An employer, who has been pissed off by an aggressive former employee that made threats which cannot be sustained, may give a lot more than just a non-positive review. There are definitively risks associated with threatening a former employer.
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Old 06-25-2012, 08:51 PM
 
Location: Las Vegas, NV
553 posts, read 1,045,919 times
Reputation: 800
Quote:
Originally Posted by aet08 View Post
That is a GREAT idea. What companies do you know of that provide this service?
While I would not send a threatening letter to the employer, doing some homework to find out what kind of bad reference you are getting is a good idea. Here is one firm that will do it for you. Allison & Taylor
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Old 06-25-2012, 09:37 PM
 
398 posts, read 1,224,570 times
Reputation: 431
Quote:
Originally Posted by aet08 View Post
Worked for an employer for about 2 years.
Employer fired me due to a due to a difference of opinion about job responsibilities. He wanted me to take on new responsibilities without increasing my compensation, when I refused to take on the new responsibilities, he fired me.
I had to file for unemployment, but the unemployment office had no records that I was ever employed. He was giving me 1099 forms and payed me as an independent contractor (I was not aware of the difference at the time) and not as an employee, when in fact I was en employee.

I had to file a petition with the IRS stating that I was employee and that I was being reported incorrectly for taxes--in order to receive unemployment. My petition triggered an audit of his business and he faces possible fines and back taxes. He is not happy about it and I know he will do anything possible throw me under the bus if the opportunity arises.

I am receiving unemployment now, but the dilemma I have is how to I account for the 2 years I worked for him on my resume. I do not want future employees to contact him to verify employment because I know he will trash talk me and prevent me from finding a new job (Yes I know it is illegal for employers to do this, but this guy is a fraud and has no concern for the law).

What do I do? How do I protect myself from losing new employment opportunities?
If he says that he expected you to take new responsibilities without compensation, that shouldn't hurt you with a reasonable employer.
How you performed with the job you were hired for is what matters and since you worked there for 2 years, you can use that as evidence that he was satisfied with what you were hired to do for 2 years.

Background checks tend to happen after the interviews so you can explain why you lost your job in your own words first if you are asked.
Be brief and to the point about the negatives but spend more time on the positive things you did for 2 years while employed there.

Also, most prospective employers ask you to list references for them to contact so there's no reason to give them his name.
My understanding is that they only check whether you were employed there and that only the people you list as your references will be contacted for reference purposes.

Last edited by raymond2; 06-25-2012 at 09:56 PM..
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Old 06-25-2012, 09:42 PM
 
Location: NJ
18,677 posts, read 17,060,805 times
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Do you have several positive references as well as this negative one? From any other employment?
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Old 06-25-2012, 10:57 PM
 
Location: California
4,402 posts, read 11,605,126 times
Reputation: 3129
Quote:
Originally Posted by raymond2 View Post
If he says that he expected you to take new responsibilities without compensation, that shouldn't hurt you with a reasonable employer.
How you performed with the job you were hired for is what matters and since you worked there for 2 years, you can use that as evidence that he was satisfied with what you were hired to do for 2 years.

Background checks tend to happen after the interviews so you can explain why you lost your job in your own words first if you are asked.
Be brief and to the point about the negatives but spend more time on the positive things you did for 2 years while employed there.

Also, most prospective employers ask you to list references for them to contact so there's no reason to give them his name.
My understanding is that they only check whether you were employed there and that only the people you list as your references will be contacted for reference purposes.




This is not correct. I do reference checks and I go off list all the time. Someone gives me a list of 3 names, and their most recent employer isn't on it? You better believe I will track them down on my own and call them. And, as there is no law stopping the person from talking to me if they were not on the reference list, I usually get much better reference information. Everyone knows the reference list is full of people willing to give you a great recommendation...I want to talk to the boss who hated you. And not just for the bad mouthing. You can learn a lot about an applicant when you hear the reasons a former employer didn't like them.
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Old 06-25-2012, 11:00 PM
 
Location: California
4,402 posts, read 11,605,126 times
Reputation: 3129
Quote:
Originally Posted by aet08 View Post
my boss was trying to make me do things that I was not qualified to do and would put me at personal financial risk. I'd rather not go into details.
The personal financial risk, not ok. But the new requirements? I have seen people who work in offices declare that having to change their computer systems and learn a new one constitutes having to learn new things. I would at the very least stay away from putting it that way, as refusing to take on new tasks just sounds really bad.
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Old 06-25-2012, 11:31 PM
 
398 posts, read 1,224,570 times
Reputation: 431
Quote:
Originally Posted by thebunny View Post
[/b]


This is not correct. I do reference checks and I go off list all the time. Someone gives me a list of 3 names, and their most recent employer isn't on it? You better believe I will track them down on my own and call them. And, as there is no law stopping the person from talking to me if they were not on the reference list, I usually get much better reference information. Everyone knows the reference list is full of people willing to give you a great recommendation...I want to talk to the boss who hated you. And not just for the bad mouthing. You can learn a lot about an applicant when you hear the reasons a former employer didn't like them.
Thats really just an opinion of what you think works for you... but it's not the standard practice with employers I've worked for including those of my family and friends and our salaries range from 85K - 120K annually.

HR in our companies just did paperwork.
The only ones who made such decisions of which references to contact comes from whoever is the one actually hiring.
The employer's I've known would ask for references of those in supervisory or management above the applicant if they want more professional references. My experience is that HR depts aren't qualified to be involved in making those decisions and they often don't know anything about the technical aspects of the jobs being advertised which is why they focus more on matters of personal or private nature. They tend to choose applicant's they "like" and not those who are the most technically skilled. Also, former bosses might be absentee bosses so they may not even be the right person to talk to for getting an accurate profile of the applicant.

Researching applicants should not get so personal to the point of trying to find gossip rather than keeping it strictly on their work performance in past companies. IE the job they were hired to do. The applicant's "personality" is assessed thru the personal interview not by hearsay at ex-companies.
None of the employers I've known would ever ask nor care why someone doesn't "like" someone. Many excellent employees in various fields work more than they socialize while some lazier employees are loved because they're socialites but not really dedicated workers. The boss's "favorite" doesn't mean he/she was the best and hardest worker. Fortunately I've worked mostly for companies who care strictly about work performance.

Ofc, there are companies that even insist on getting someone's Facebook password as part of their background checks, but that doesn't mean it's good hiring practice.

Last edited by raymond2; 06-26-2012 at 12:30 AM..
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Old 06-26-2012, 05:02 AM
 
Location: Chicago area
8,794 posts, read 13,281,490 times
Reputation: 15928
Quote:
Originally Posted by raymond2 View Post
They tend to choose applicant's they "like" and not those who are the most technically skilled. Also, former bosses might be absentee bosses so they may not even be the right person to talk to for getting an accurate profile of the applicant.

The boss's "favorite" doesn't mean he/she was the best and hardest worker. Fortunately I've worked mostly for companies who care strictly about work performance.

Ofc, there are companies that even insist on getting someone's Facebook password as part of their background checks, but that doesn't mean it's good hiring practice.
Agreed HR has no idea how to hire especially in technical positions so they fall back on their junk science (psychometric testing) and their psychobabble (behavioral interviewing). Letting HR hire technical personnel often results in disaster.

I still think there is nothing to lose sending the former boss a cease and desist letter if he is giving bad references.
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Old 06-26-2012, 12:56 PM
 
1,378 posts, read 1,813,638 times
Reputation: 980
Quote:
Originally Posted by thebunny View Post
[/b]


This is not correct. I do reference checks and I go off list all the time. Someone gives me a list of 3 names, and their most recent employer isn't on it? You better believe I will track them down on my own and call them. And, as there is no law stopping the person from talking to me if they were not on the reference list, I usually get much better reference information. Everyone knows the reference list is full of people willing to give you a great recommendation...I want to talk to the boss who hated you. And not just for the bad mouthing. You can learn a lot about an applicant when you hear the reasons a former employer didn't like them.
You are definitely an exception. A lot of companies just outsource reference checks to companies like Kroll and let them call the references listed. The vast majority of employers are very lazy with reference checks and don't even bother to put in the effort you do. Of course, there are some companies (like Private Equity firms and the US Foreign Service) where the reference checks are very extensive (far more extensive than what you do) but again they are the exception rather than the norm. I should also say a lot of companies don't even bother to contact the references and just do a simple employment verification and sometimes not even that. This is probably why a lot of people risk lying on their resumes.
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