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1. Employers can call anyone they want. They aren't required to stick to the list you provide.
2. You shouldn't waste space on your resume with references. That should be provided separately, upon request. And you definitely shouldn't waste space on a job or reference from a job that you only had for a month and a half!
3. A verbal offer is not an offer.
4. An employer is not required to disclose what a reference said. They are only required to disclose negative information found in a credit or background check, and only if that information is used against you in the hiring decision.
Good stuff to take with you to the next job opportunity!
In certain states, you can request to get a copy of the credit and background check report that the company receives.
I'd hire a reference check service to get an impartial account of what the side job said then send them a cease and desist letter or consult an attorney.
The best solution is for the OP to remove the side job from his resume.
If he sends the side job as cease-and-desist letter and keeps that job on his resume, all the side job has to say to any prospective employer is "We cant give you any info because he's sent us a cease-and-desist letter". That answer is not actionable.
Of course, the OP is presuming that the side job is the one that derailed his hope for a job. It may well have been another company. If there's any doubt, it would be good for him to have a friend, acting as a prospective employer, contact all employers listed on the resume in order to identify which company might be saying something negative.
Prospective employers know that they can legally obtain the answers to only three questions: "Did he work there? What dates did he work there? Would you hire him again?" And answering "No" to the third question is not illegal or actionable.
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