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I've seen (and worked for) companies that will fight a lawsuit over poor performance in court. The thinking is that the company has more $$$ to litigate than does the individual. And, of course, once word about a lawsuit like this gets out, the individual can kiss future jobs in the industry goodbye.
3. The last thing a company wants is to face a lawsuit based on a poor reference, be it objective or not. Even if the former employee has a weak case, the last thing a company wants it to be dragged into court to fight such a lawsuit. This is a common occurrence, according to friends and acquaintances I know working in Human Resources and Legal departments at a number of corporations. Companies don't want to spend resources combating this kind of thing, so they invoke company policies that prohibit former bosses from giving references to companies that are considering hiring the former employees. Those inquiries are directed to the company's HR department. The only information HR releases are date of hire, date of separation, position / title, and eligibility for re-hire. The company I work for will not release any information beyond that. This is true of many companies.
So while there may not be a law protecting against bad references, HR and Legal departments are smart enough not to land in court behind giving a bad reference. There is no law preventing a former employee from filing suit for a bad reference. Even if the merit of the lawsuit is questionable, no company wants to spend time and money in court for something like this. They have bigger fish to fry.
Um...try again on the NLRB...they are most certainly Union. They protect employee rights, WITHIN the UNION or the FORMING of a UNION.
The rest of your answer? Sorry, got stuck on how wrong you were...and even with a link.
3. The last thing a company wants is to face a lawsuit based on a poor reference, be it objective or not. Even if the former employee has a weak case, the last thing a company wants it to be dragged into court to fight such a lawsuit. This is a common occurrence, according to friends and acquaintances I know working in Human Resources and Legal departments at a number of corporations. Companies don't want to spend resources combating this kind of thing, so they invoke company policies that prohibit former bosses from giving references to companies that are considering hiring the former employees. Those inquiries are directed to the company's HR department. The only information HR releases are date of hire, date of separation, position / title, and eligibility for re-hire. The company I work for will not release any information beyond that. This is true of many companies.
So while there may not be a law protecting against bad references, HR and Legal departments are smart enough not to land in court behind giving a bad reference. There is no law preventing a former employee from filing suit for a bad reference. Even if the merit of the lawsuit is questionable, no company wants to spend time and money in court for something like this. They have bigger fish to fry.
I second this. Most places will only give dates of employment and if the employee is re-hirable. There is no law protecting a bad reference but there is something that protects an inaccurate reference.
I've seen (and worked for) companies that will fight a lawsuit over poor performance in court. The thinking is that the company has more $$$ to litigate than does the individual. And, of course, once word about a lawsuit like this gets out, the individual can kiss future jobs in the industry goodbye.
Huh? Can you provide a link to an example of this?
I bartended and served in Miami for 5 years and none of my references were ever checked. A lot of my references were just fellow servers and bartenders. You could be making $150-$300 a night at a busier, more expensive place for half the bull ****.
To the OP: why are you so hung up on outback? What Pear Martini said is 100% accurate.
It's pretty common in the industry for people to get p***** off and just up and leave or for the management to fire them for bogus reasons. Most people I've known that have been in the restaurant/bar industry, for years, have been in at least one situation that was negative. The turnover in this industry is pretty high. When you go for a new job the person doing the hiring is usually aware of this, I've already been honest about things that happened in past jobs and the person doing the hiring appreciated that.
Huh? Can you provide a link to an example of this?
To an example of what?
As I noted, I was posting from my personal experience as a supervisor for several mid-to-large-sized companies. I've been in on a lot of meetings with HR and Legal, over the past 30 years, in which it was decided to fight a former employee's litigation over just such a situation.
And, if you're referring to my comment that such a lawsuit can negatively impact an individual's chance of employment in the same industry, I've seen that happen too. The street is one of the best references of all.
As I noted, I was posting from my personal experience as a supervisor for several mid-to-large-sized companies. I've been in on a lot of meetings with HR and Legal, over the past 30 years, in which it was decided to fight a former employee's litigation over just such a situation.
And, if you're referring to my comment that such a lawsuit can negatively impact an individual's chance of employment in the same industry, I've seen that happen too. The street is one of the best references of all.
You other post was confusing but I understand what you're talking about now.
Quote:
Originally Posted by texasfirewheel
The street is one of the best references of all.
I think sometimes its better just to walk out of a place if its that bad, even if you're there for a week.
A friend of mine left job a to go to job b. Job a said some nasty things about him to job b, which wouldn't have surprised me if they were true. Job b doesn't want to hire him, so he threatens job a for defamation. He also threatened to sue job b, so they give him the job unwillingly. Now job b hates him but has no choice so they try to screw with him and make his life as miserable as possible. So he hates job b but has no choice because everyone else hates him. Not a great way to live if you ask me.
If a job is that bad the best thing is just to leave and move on. I had a job once that I worked at for a few weeks where the managers were so disrespectful and the work environment was so bad I just called the next day and told them I'm not coming back in. Then I went to the next job and was truthful, and just told them the last job just wasn't a good fit and I wasn't comfortable working in that environment. I had an interview a week later and got one of the best jobs of my life. Suing for defamation or wrongful termination-it's all based on everyone's word, hard to prove anything.
I think sometimes its better just to walk out of a place if its that bad, even if you're there for a week.
A friend of mine left job a to go to job b. Job a said some nasty things about him to job b, which wouldn't have surprised me if they were true. Job b doesn't want to hire him, so he threatens job a for defamation. He also threatened to sue job b, so they give him the job unwillingly. Now job b hates him but has no choice so they try to screw with him and make his life as miserable as possible. So he hates job b but has no choice because everyone else hates him. Not a great way to live if you ask me.
If a job is that bad the best thing is just to leave and move on. I had a job once that I worked at for a few weeks where the managers were so disrespectful and the work environment was so bad I just called the next day and told them I'm not coming back in. Then I went to the next job and was truthful, and just told them the last job just wasn't a good fit and I wasn't comfortable working in that environment. I had an interview a week later and got one of the best jobs of my life. Suing for defamation or wrongful termination-it's all based on everyone's word, hard to prove anything.
Well, now you have. I worked at a Pizza Inn for less than a year (about 7 months, just like the OP). This is not recent, though. It was back in the early 1990's when the vast majority of people paid their bills in cash, not credit card. I know we had a credit card reader, but we rarely ever used it.
At the beginning of my shift, I punched in, and I put on my apron, which has two front pockets. One is for the order forms (which turn into bills at the end of the meal), and one is for tips.
At the end of my shift, I punched out (literally, a paper time form punched out on a time clock, old-timey for 2012). I then filled out the amount of cash tips received. What I did put? 0? 8%? No! I simply counted the money in my front right pocket and wrote it down.
At the time, minimum wage for servers was $2.09/hr, and if $2.09/hr plus tips doesn't add up to regular minimum wage ($4-something), the employer has to make up the difference. It's the same thing today except the server minimum wage is $2.13/hr and the regular minimum wage is $7.25/hr (federal law, some states vary).
I got a check every two weeks, always for a small amount of money. One of those checks did have an addition from the employer to the $2.09/hr because the $2.09/hr plus tips didn't add up to minimum wage). But in any event, the amount was always small, since 10-20 hrs a week at a slow restaurant at $2.09/hr minus taxes isn't much money. But I DID report ALL of my tips on that paper form, which gets forwarded to personell, and they report my income to the IRS and SS. My SS earnings statement that I get once a year still has that total number from 1991 or whatever. At the end of the year, I got a W-2 form with wages plus tips on it. I didn't have to add anything on form 1040. How convenient.
I'm a Christian, though not an evangelical conservative type, and I do believe in and obey Mark 12:17 "Jesus said 'render unto Ceaser the things that are Ceaser's, and unto God the things that are God's'." That means I pay my taxes as owed and I give to the church what I can.
1. 'Ceaser' has no right to your labor.
2. If you want to help the government steal from you when you're working part time and clearly aren't using those hard-earned funds to support yourself, then that's entirely your business. I am not aware of any part of the Bible that allows for theft.
Put the GM down as your point of contact. Send a letter to corporate and tell them that you gave two weeks notice and that what's his face is giving false negative reviews about you. If you want to go further, pay an atty a nominal fee to send him (and corporate?) a letter telling him to cease and desist his slander or you will have to consider legal action. Even if you don't return to an Outback, you can't have this guy screwing up your employment opportunities.
THIS...THIS...THIS....!
Koale
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Absolutely...
