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Old 03-25-2008, 07:55 PM
 
21 posts, read 71,064 times
Reputation: 14

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I got a job where "bullies" ruled. Just after two weeks I asked if the bully is voilent and was retaliated, degrated and overloaded with work since. I started to look for other job but was unable because of my disabilities. After two years of hell I was terminated. Since then I have been already given three diferrent reasons - Lies like the whole time there - what's new!
I have a different job now but am looking for something better. 8 months after termination I found out that my former employer is giving me bad references. When I called I was told that they only verify that I worked there, dates of employment and position. Later, I decided to verify what they say and was shocked to find out that they say that "I do not get along with people" and need to improve my "Interpersonal skills"! I called back and they still deny giving me bad references until I said that I have checked.
Would this be case of malice/defamation/slander/retaliation?
I asked to be given Letter of Recomendation and Letter stating what information they will release to prospective employer but I do not believe they will send anything. What should I do?
Also, they are refusing to give me a copy of the reason they fired me for.
What should I do?
Should I just not list this company on my resume?
What should I say about this to prospective employer as it makes no sence to be looking for job when no one will hire you over bad references?
I can't believe - we are teaching our kids to tell when someone is doing something suspicious and when you say something at work you get retaliated against! Specially, when the bullies were the boss (not the one who hired me) and coworker!
Thank you very much for any advice.
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Old 03-25-2008, 08:46 PM
 
48,502 posts, read 96,848,488 times
Reputation: 18304
It depends on your state law;in many staes they don't have to give a reason fro firing you. If they slandered you it would be upto you to prove it.I say move on and consider it a lesson learned;like alot of things in life.
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Old 03-26-2008, 09:24 PM
 
Location: Maryland
1,667 posts, read 9,381,949 times
Reputation: 1654
Yep! Unfortunately, they can say anything about you as an opinion. They could say, "I think he is a thief." That is OK, but if they say, "He is a thief", that could be slander. And, I've never heard known of an employer describing why he gave an unfavorable reference. I'd skip this on a resume, enhance how you've overcome any disability, and expect to be hired anytime you want.
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Old 03-26-2008, 09:24 PM
 
Location: Somewhere in Flyover country
531 posts, read 1,744,017 times
Reputation: 180
I worked with a supervisor who was nasty,cruel,etc. It was so unbearable that I quit after a year. Thankfully,this person no longer works at the place. Sadly,it often is a'your-word-against -theirs situation. If you have other work experience at other places,maybe you should not mention this place. Also, if you have done volunteer work,be sure to include this in a resume. I did volunteer work at a time when I didn't have a paying job and included it on applications. Good luck!
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Old 03-27-2008, 01:18 AM
 
Location: Ohio
2,175 posts, read 9,170,124 times
Reputation: 3962
I was in supervision the last 7 years I worked at the job I retired from. I went to classes to be trained to do job interviews. The only thing we could legaly ask a previous employer of a job applicant was whether the previous employer would hire that person again if they had the opportuniity. Also that was the only answer we could give if someone called us for a reference. We couldn't legaly go into detail. Depending on what state you live in, your previous employer might be breaking the labor laws and you might have a court case if you can get documentation. If you have had other employers and this is the only one giving you a bad reference I think I would not mention them as a past employer. Most employers in my area put more weight on criminal background checks, pre-employment drug tests, etc, than they do on past emloyment references. That is because some employers realize they might pass up a good worker that just had a personality conflict with some mean boss sometime in the past.
There is a lot of info that can be obtained in todays world from public records and past job references are just one piece of the pie and not the final decision maker for many companys.
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Old 03-27-2008, 08:14 AM
 
13,784 posts, read 26,249,698 times
Reputation: 7445
Robhu is correct but if you are thinking about taking the legal route would have to prove the former employer said it AND prove that the bad references kept you from getting a job.
It may be a good idea to have a friend call and pose as a potential employer. You may be able to have the conversation taped if it is legal in your state. Here, as long as one person participating in the conversation is aware there is a recording taking place it is legally admissible.
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Old 04-03-2008, 06:25 PM
 
21 posts, read 71,064 times
Reputation: 14
Default Bad References - Malice

I had someone call to verify and was shocked what they said. I was told one thing at termination and they are saying another thing to the prospective employers. It looks like then that I am lying to them and how bad I felt when I found out! How humiliated! What those people must to think about me!
I talked to few people about it and ws told I should file claim with EEOC or go to the lawyer even that is not what I wanted to do at the first place. But now I have decided to go on with the claim for discrimination, harrasment and retaliation. Can anyone tell me about the process how and what you had to do, how long it draggen on and how did your former employer acted and lied like my is going to. I have jus t so many other things in my live I want to do and this is going to delay everything and it just makes me very angry!
Also, I have talked to one of the HR person and guess what that person went and told what I told her to my former employer! Can you believe that!
I was asking for a help and advice and she turns around and stabs you in the back by telling on you - to the hell with her!
Can anyone also advice how to fill the EEOC claim form and what information I should start collecting even I really do not have much as I wasn't planning on this. Also, When I talked to the representative of EEOC he mentioned that they also ask for monetary compensation form the former employer so why do people then need to file legal civil court against employer? Do they also help you get some paid counceling for emotional distress because since I work there I feel very angry and stressed out and this doesn't help me.
Thank you for any advice.
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Old 04-03-2008, 07:10 PM
 
270 posts, read 626,480 times
Reputation: 189
Default Malice

It appears that maltreatment of emplyees has become the norm. My wife is going through similiar circumstances. Perhaps we should a new thread of who has experienced the worts boss and job. Take a look at the entire thread titled REVERSE DISCRIMINATION. Good luck.
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Old 04-03-2008, 07:50 PM
 
13,784 posts, read 26,249,698 times
Reputation: 7445
I would definitely give an attorney a call and the EEOC. Good luck.
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Old 04-04-2008, 05:35 AM
 
Location: Pennsylvania
5,725 posts, read 11,715,057 times
Reputation: 9829
Do you think filing a lawsuit is going to help you with future employers?
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