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Old 01-28-2014, 09:29 AM
 
Location: Chicago area
8,889 posts, read 13,395,742 times
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Quote:
Originally Posted by Ted Bear View Post
Or you can take the tough approach and call the manager directly and explain to him politely but firmly that if ever says another thing about your performance while you worked for him that he better be prepared to face the law suit from hell. Capiche?
I'd do the official looking cease and desist letter rather than call and threaten your old boss with a lawsuit. The official looking letter looks more serious than the trite "I'm gonna sue ya for every flippin penny ya got."
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Old 01-28-2014, 09:33 AM
 
307 posts, read 319,480 times
Reputation: 113
Don't most applications have wording that says you agree to hold harmless any previous employers?
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Old 01-28-2014, 09:58 AM
 
3,279 posts, read 6,644,266 times
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That really sucks. If you simply weren't good at that job, that shouldn't stop you from trying your hand at something else.

If your ass hole ex-boss is standing between you and getting another job, I'd remove that obstacle by taking him out of the picture entirely. Invent a fake company, set up a fake website and linkedin profile for it, and have a friend from that "company" act as your "reference." Otherwise, there are websites out there that will do it for you. They charge a couple hundred bucks. Do your research first and read reviews to make sure the one you choose is reputable.
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Old 01-28-2014, 10:21 AM
 
132 posts, read 139,579 times
Reputation: 100
OP

are you sure this company policy doesn't only apply to the issuance of written reference letter? I have seen that a lot, but it's hard to imagine that managers would not be able to discuss previous employee performance, that would make it impossible to get a positive reference from them, but maybe it happens and I never encountered it.
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Old 01-28-2014, 12:30 PM
 
9,013 posts, read 8,186,502 times
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The standard question asked by a company is, "Would you hire this person back to work for you?"

That question is legal to ask, and is nearly always asked. No reason is given for not hiring them back. Just the fact that the old company says no, means there is some reason that they really cannot ask what it is or they cannot be told, will give the potential employer the knowledge they want.

It is really the business code of saying we are glad they are gone, and don't want them anymore. There is no need to add because we fired them. Just the no, answer says it all.
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Old 01-28-2014, 12:53 PM
 
9,827 posts, read 17,113,103 times
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Quote:
Originally Posted by Ted Bear View Post
You can go the 'soft' route and speak with HR about company policy and the manager's inappropriate blabbing.

Or you can take the tough approach and call the manager directly and explain to him politely but firmly that if ever says another thing about your performance while you worked for him that he better be prepared to face the law suit from hell. Capiche?

That usually gets their attention.
What, exactly, do you think the basis for litigation is since numerous courts have ruled that former employers are allowed to tell potential employers the truth when they conduct background checks?

Last edited by joe from dayton; 01-28-2014 at 01:55 PM..
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Old 01-28-2014, 01:51 PM
 
307 posts, read 319,480 times
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Quote:
Originally Posted by joe from dayton View Post
What, exactly, do you think the basis for litigation is since numerous courts have ruled that former employers are allowed to tell potential employeres the truth when the conduct background checks?
exactly. the applications state that too.
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Old 01-28-2014, 03:32 PM
 
5,942 posts, read 6,777,092 times
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Quote:
Originally Posted by joe from dayton View Post
What, exactly, do you think the basis for litigation is since numerous courts have ruled that former employers are allowed to tell potential employers the truth when they conduct background checks?
Defamation. It usually is enough to shut them up.

The guy was fired for 'performance'. We have no idea what that means. But it doesn't sound like he was a slacker or showed up late for work every day. There is no reason to run him into the ground. A gentle phone call reminding the manager to keep his mouth shut is usually sufficient. Most people don't like to engage in legal wrangling, especially over something as mundane as an employee that didn't work out.

You don't threaten anyone. And likely unless there was a whole lot more information, you don't start filing law suits. You simply want to shut the guy up. And if he is dumb enough to go blabbering, a gentle nudge will likely shut him up as well. His career can be swinging as well..... who needs that when you can simply say 'the guy worked here'. Period.
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Old 01-28-2014, 03:57 PM
 
Location: Silicon Valley
18,162 posts, read 23,231,019 times
Reputation: 35469
There's no problem with just giving the HR dept as the contact for that company. If the new employer asks about contacting your former supervisor, just say, company policy is that all requests for employee info must go through HR. I really doubt they'd argue with that.

That said, telling the truth used to be a perfect defense for defamation/slander/libel cases. But, there was a recent case that threw that out the window.

Basically, the court determined that if the person's actions are done for the purpose of malice, even if they told the truth, they can be guilty of defamation. The case I linked to below is specifically about a former employer saying negative things about a former employee, with the intent to make his job search difficult.

So, unless the law where you are states otherwise, you may have a good case. Since there is a written HR policy not to go into details, and this supervisor did, it seems reasonable to assume he only did so out of malice. To hurt your chances of future employment.

This is a bid deal.

Here's a relevant case that was decided in Mass:

Truth is the Best Defense, They Say - But Maybe Not in Massachusetts | New Media and Technology Law Blog

I forgot to check where you are located before posting this. If it's in your profile, I'll get you some local links.
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Old 01-28-2014, 04:25 PM
 
Location: Silicon Valley
18,162 posts, read 23,231,019 times
Reputation: 35469
I see you are in Maine. Here's the Maine Bar Association's lawyer referral info:

Lawyer Referral

The Bar Assoc lawyer referral services, usually are really cheap. In CA I think it's maybe $50 for 30 minute consultation, and I think you can even get a 2nd opinion for free.

Might be fun to scare the old bast*rd with a scary letter from a lawyer. Even if you don't sue him.

Even if the lawyer says the Mass case doesn't apply in Maine, you can still send a scary letter yourself to the HR Dept citing that case and that you believe you would win a defamation suit, so please direct the jerk to cease and desist breaking the HR rule immediately.

So, they run it past the company lawyer who says you don't have a case. Wanna know what he'll say next? Tell the idiot to keep his mouth shut, anyway.

That will at least get him pulled into the HR office for a little talkin' to. Small revenge, but hey, revenge is sweet .
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