RoadRash 0 #1 October 12, 2006 I put in a resume and application for a position at a job similar to the previous position I held in another state... I went in for an interview, the lady who is the office manager asked me if I wanted the position and I said yes... Then she calls back a few days later letting me know that she can't offer me the position because I received a bad reference from those listed on my resume... Ends up that my previous supervisor was pissed that I left on "short notice"...Well she knew a month in advance that I was moving and didn't know when exactly I would have to be gone...and I found out while she was on vacation that I needed to leave... I gave her an official resignation and hit the road... Now come to find out she was the reason that I didn't get the job...and probably wouldn't have gotten my present position...Isn't there something in the legal world that says you can't prevent someone from getting a position elsewhere?!? Is there anything I can do about this woman to prevent her from spreading lies about me?!?! ~R+R...By the way, my present supervisor thinks I am wonderful and an extremely hard worker and wants to promote me once I have a little more experience......~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ Fly the friendly skies...^_^...})ii({...^_~... Quote Share this post Link to post Share on other sites
normiss 892 #2 October 12, 2006 I know this feeling...I have a former supervisor that is pissed about things I didn't do AFTER leaving??? And he says that every time they call..."I had hoped he would assist in such and such after he left, but he didn't" WTF??? best of luck .... took me THREE FUCKING MONTHS to find a new gig! Quote Share this post Link to post Share on other sites
Shell666 0 #3 October 12, 2006 Depends on where you live. Where I live (unless it's a crime that's been reported and they can find out about it anyway through legal channels) I can't say "why" I don't recommend a person for a position (FOIPP and all - Freedom of Information and Privacy Protection). All I can say is "I can't comment on that." Which pretty much says it all anyway. 'Shell'Shell Quote Share this post Link to post Share on other sites
RoadRash 0 #4 October 12, 2006 QuoteDepends on where you live. That's true...I'm not sure what the laws are here...I'm also just now becoming aware of the basic do's and don'ts of references...... Quote All I can say is "I can't comment on that." Which pretty much says it all anyway. The thing is....she did comment on that and openly admitted to me that she gave me a bad reference...... ~R+R...Oh...well...~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ Fly the friendly skies...^_^...})ii({...^_~... Quote Share this post Link to post Share on other sites
Shell666 0 #5 October 12, 2006 QuoteQuoteDepends on where you live. That's true...I'm not sure what the laws are here...I'm also just now becoming aware of the basic do's and don'ts of references...... Quote All I can say is "I can't comment on that." Which pretty much says it all anyway. The thing is....she did comment on that and openly admitted to me that she gave me a bad reference...... ~R+R...Oh...well... Find out if they're permitted (in some circumstances) to do that! They might not be and that could open up a whole other can o' worms! And it might be prudent to say, it might be a good idea to be careful who you list as references! Not say that you, RoadRash, didn't think about that (but got burned anyway) but some people might not have thought of the repercussions. Good luck on the job hunt!!! 'Shell'Shell Quote Share this post Link to post Share on other sites
RoadRash 0 #6 October 12, 2006 QuoteAnd it might be prudent to say, it might be a good idea to be careful who you list as references Yeppers...found that out the hard way...and by making some phone calls...Thanks for the tips though...I'm still researching... BTW...I just got a job and I actually like it...also...my managers love me and think I am a valuable asset...feels good...... ~R+R...~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ Fly the friendly skies...^_^...})ii({...^_~... Quote Share this post Link to post Share on other sites
Shell666 0 #7 October 12, 2006 QuoteQuoteYeppers...found that out the hard way...and by making some phone calls...Thanks for the tips though...I'm still researching... You're welcome. Just what I know from here. Nice to know that some of it might help you, or someone else! QuoteBTW...I just got a job and I actually like it...also...my managers love me and think I am a valuable asset...feels good...... YAY YOU!! Congrats that you like it and they like you! But don't divulge the world of dz dot com to them ... there goes the "valuable asset" they think they have! 'Shell'Shell Quote Share this post Link to post Share on other sites skinnyshrek 0 #8 October 12, 2006 buy me a jump i will give you a great referrencehttp://www.skydivethefarm.com do you realize that when you critisize people you dont know over the internet, you become part of a growing society of twats? ARE YOU ONE OF THEM? Quote Share this post Link to post Share on other sites Froggy 0 #9 October 12, 2006 QuoteIsn't there something in the legal world that says you can't prevent someone from getting a position elsewhere?!? Is there anything I can do about this woman to prevent her from spreading lies about me?!?!Quote Well, I don't know anything about "legal", but one question comes to mind right away. Why, for crying out loud, was her name on your reference list? Being in my right mind, I wouldn't list someone, unless I am positive that they'll give me a good reference. Did you ask her about putting her name on your list? Did you feel that she ws the right person to have as a reference, and she wouldn't let you down? If both answers are "Yes", then she's a f*cking asshole, and you can simply redo your reference sheet, removing her name. I doubt very much you can do anything else about it, but, if you don't have her listed, nobody will call her. Problem solved. Sounds simple enough to me... Good luck with your new job! -------------- We were not born to fly. And all we can do is to try not to fall... Quote Share this post Link to post Share on other sites yardhippie 0 #10 October 12, 2006 I've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been.Goddam dirty hippies piss me off! ~GFD "What do I get for closing your rig?" ~ me "Anything you want." ~ female skydiver Mohoso Rodriguez #865 Quote Share this post Link to post Share on other sites Shell666 0 #11 October 12, 2006 QuoteI've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been. That's exactly what I was trying to say! Thanks for reading my mind. (you should be scared you did that! GOOD info! Probably for most places (states and provinces included!) 'Shell'Shell Quote Share this post Link to post Share on other sites brierebecca 0 #12 October 12, 2006 From what little I remember from my torts class, you can probably sue that lady for however much the job would have paid you, for however long you probably would have stayed at the job. I think you should go talk to an employment or tort attorney - it will be worth the money if they charge for a consult. Brie"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie Quote Share this post Link to post Share on other sites NWFlyer 2 #13 October 12, 2006 I'd say stop using her as a reference and move on with your life. Is it really worth a legal battle just to prove that you gave proper notice? Move on."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites simplyputsi 0 #14 October 12, 2006 QuoteI've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been. Agreed. I'm betting a law was broken here. Since you have a new job though maybe just put it behind you. My mom used to fill me in on alllllll the reference and question asking laws for employment.Skymama's #2 stalker - Quote Share this post Link to post Share on other sites Remster 30 #15 October 12, 2006 If you are serious about it, talk to a employement lawyer. I know many major corporations will only confirm emplyoment when asked about references for that exact reason.Remster Quote Share this post Link to post Share on other sites StreetScooby 5 #16 October 12, 2006 At a minimum, do the following: 1) Send a certified letter to the person who turned you down for the job citing your conversation in the letter. 2) Send a certified letter to your former company's HR department pointing out what your former boss said. Then, get a lawyer, and push it hard. Or, better yet, let your lawyer send the letters.We are all engines of karma Quote Share this post Link to post Share on other sites yardhippie 0 #17 October 12, 2006 QuoteIf you are serious about it, talk to a employement lawyer. I know many major corporations will only confirm emplyoment when asked about references for that exact reason. Also, Labor laws are often governed fedrally. While, states set many laws discriminatinon, EEO, and all that jazz are federal. I'll bet that even a mention from a Lawyer that something like that came out of an employee of their company will send them to their Attys so fast you wont know what happened. That kind of thing is BAD press for a company of ANY size, and can cripple the financial standing of a smaller company. Potential judgments against a company can seriously affect its borrowing power, and credit line.Goddam dirty hippies piss me off! ~GFD "What do I get for closing your rig?" ~ me "Anything you want." ~ female skydiver Mohoso Rodriguez #865 Quote Share this post Link to post Share on other sites JohnnyD 0 #18 October 12, 2006 Quote Then she calls back a few days later letting me know that she can't offer me the position because I received a bad reference from those listed on my resume.... Was this person listed as a personal reference or was this person called in order to verify past employment? The distinction is key. Quote Share this post Link to post Share on other sites TomAiello 26 #19 October 12, 2006 QuoteIsn't there something in the legal world that says you can't prevent someone from getting a position elsewhere?!? In a former life I was a supervisor of about 30 employees for the University of California. UC had a policy that you couldn't say anything bad when someone called for a reference check. If I had something bad to say, I'd just explain UC policy on references, and then follow up with "and I have absolutely nothing to say about this person." QuoteIs there anything I can do about this woman to prevent her from spreading lies about me?!?! Sure. Remove the reference from your resume.-- Tom Aiello Tom@SnakeRiverBASE.com SnakeRiverBASE.com Quote Share this post Link to post Share on other sites bmcd308 0 #20 October 12, 2006 >>Sure. Remove the reference from your resume. << +1. I am a little stunned that you did not know you should only list people whom you know will say something good. In the future, ask people for their permission to use them as references and when asking say something like "would you be comfortable giving me your recommendation for a position as an ..." If they say, "Actually, I hate you and hope I get the opportunity to screw you over," don't use them. Brent ---------------------------------- www.jumpelvis.com Quote Share this post Link to post Share on other sites StreetScooby 5 #21 October 12, 2006 Quote If I had something bad to say, I'd just explain UC policy on references, and then follow up with "and I have absolutely nothing to say about this person." Yep, that's the trick to play. Red flags go off when this is said about someone.We are all engines of karma Quote Share this post Link to post Share on other sites NWFlyer 2 #22 October 12, 2006 Quote In the future, ask people for their permission to use them as references and when asking say something like "would you be comfortable giving me your recommendation for a position as an ..." If they say, "Actually, I hate you and hope I get the opportunity to screw you over," don't use them. More likely they won't be that direct, but if they seem at all reluctant or vague, cross them off the list. I have a list of about 4-5 people that are my go-to people for references, but I *always* contact them if a job search gets to the reference stage to confirm that they're still willing to serve as a reference and to give them the heads up that someone will be calling them."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites NWFlyer 2 #23 October 12, 2006 QuoteEnds up that my previous supervisor was pissed that I left on "short notice"...Well she knew a month in advance that I was moving and didn't know when exactly I would have to be gone...and I found out while she was on vacation that I needed to leave... I gave her an official resignation and hit the road... I read this again ... and I have to ask. Do you *really* want to get involved in a legal action for something that might have just been a misunderstanding? Telling her a month before that you were going to have to leave "sometime" was not official notice. Then you actually left and gave official notice while she was on vacation. She may very well believe that you left on short notice, and from how you've described it, that's a perfectly valid viewpoint. This looks to me like there are two sides of the story and hers may be just as valid. Even if you believe that you gave adequate notice, she perceives that you didn't. I'm not sure that I'd be so quick to say she's "spreading lies about you." I'd say chalk it up as a lesson learned (and the lesson is - ALWAYS talk to people you list as a reference to find out their willingness to serve as a reference. You can even ask "Is there anything that would prevent you from giving me a positive reference?"). If you had taken a more professional approach and called her before you listed her as a reference, you could probably have avoided this whole situation. Sorry if this sounds harsh, but I can't believe how many people are saying "Take the bitch to court.""There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites brierebecca 0 #24 October 12, 2006 QuoteTelling her a month before that you were going to have to leave "sometime" was not official notice. Then you actually left and gave official notice while she was on vacation. She may very well believe that you left on short notice, and from how you've described it, that's a perfectly valid viewpoint. This looks to me like there are two sides of the story and hers may be just as valid. Even if you believe that you gave adequate notice, she perceives that you didn't. I'm not sure that I'd be so quick to say she's "spreading lies about you." While I agree that the notice thing is probably a misunderstanding, it's unlikely that simply telling a prospective employer that she didn't give notice would be the reason the prospective employer decided not to hire her. Her previous employer would likely have to tell them something much worse. Of course, I'm not too experienced at these things. Either way, if a person kept me from getting a job I wanted, I'd pursue legal recourse. This person messed with her life, and kept her from getting significant money. Plus, these kinds of tort actions are often contingency-based, so she won't be out of pocket if she does decide to sue. Brie"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie Quote Share this post Link to post Share on other sites NWFlyer 2 #25 October 12, 2006 QuoteWhile I agree that the notice thing is probably a misunderstanding, it's unlikely that simply telling a prospective employer that she didn't give notice would be the reason the prospective employer decided not to hire her. Her previous employer would likely have to tell them something much worse. Good point, but we don't know the whole story or the other side of the story. QuoteEither way, if a person kept me from getting a job I wanted, I'd pursue legal recourse. This person messed with her life, and kept her from getting significant money. Plus, these kinds of tort actions are often contingency-based, so she won't be out of pocket if she does decide to sue. Different strokes, I guess. I'd move on. I'd be much more inclined to chalk it up to a lesson learned for me (KNOW that you can trust your references and give them the professional courtesy of letting them know when they can expect a call) than to blame someone else. Especially given that she's got a good job that she's happy with - the past employer has not blacklisted her or made her unemployable."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites Prev 1 2 Next Page 1 of 2 Join the conversation You can post now and register later. If you have an account, sign in now to post with your account. 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skinnyshrek 0 #8 October 12, 2006 buy me a jump i will give you a great referrencehttp://www.skydivethefarm.com do you realize that when you critisize people you dont know over the internet, you become part of a growing society of twats? ARE YOU ONE OF THEM? Quote Share this post Link to post Share on other sites
Froggy 0 #9 October 12, 2006 QuoteIsn't there something in the legal world that says you can't prevent someone from getting a position elsewhere?!? Is there anything I can do about this woman to prevent her from spreading lies about me?!?!Quote Well, I don't know anything about "legal", but one question comes to mind right away. Why, for crying out loud, was her name on your reference list? Being in my right mind, I wouldn't list someone, unless I am positive that they'll give me a good reference. Did you ask her about putting her name on your list? Did you feel that she ws the right person to have as a reference, and she wouldn't let you down? If both answers are "Yes", then she's a f*cking asshole, and you can simply redo your reference sheet, removing her name. I doubt very much you can do anything else about it, but, if you don't have her listed, nobody will call her. Problem solved. Sounds simple enough to me... Good luck with your new job! -------------- We were not born to fly. And all we can do is to try not to fall... Quote Share this post Link to post Share on other sites yardhippie 0 #10 October 12, 2006 I've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been.Goddam dirty hippies piss me off! ~GFD "What do I get for closing your rig?" ~ me "Anything you want." ~ female skydiver Mohoso Rodriguez #865 Quote Share this post Link to post Share on other sites Shell666 0 #11 October 12, 2006 QuoteI've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been. That's exactly what I was trying to say! Thanks for reading my mind. (you should be scared you did that! GOOD info! Probably for most places (states and provinces included!) 'Shell'Shell Quote Share this post Link to post Share on other sites brierebecca 0 #12 October 12, 2006 From what little I remember from my torts class, you can probably sue that lady for however much the job would have paid you, for however long you probably would have stayed at the job. I think you should go talk to an employment or tort attorney - it will be worth the money if they charge for a consult. Brie"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie Quote Share this post Link to post Share on other sites NWFlyer 2 #13 October 12, 2006 I'd say stop using her as a reference and move on with your life. Is it really worth a legal battle just to prove that you gave proper notice? Move on."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites simplyputsi 0 #14 October 12, 2006 QuoteI've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been. Agreed. I'm betting a law was broken here. Since you have a new job though maybe just put it behind you. My mom used to fill me in on alllllll the reference and question asking laws for employment.Skymama's #2 stalker - Quote Share this post Link to post Share on other sites Remster 30 #15 October 12, 2006 If you are serious about it, talk to a employement lawyer. I know many major corporations will only confirm emplyoment when asked about references for that exact reason.Remster Quote Share this post Link to post Share on other sites StreetScooby 5 #16 October 12, 2006 At a minimum, do the following: 1) Send a certified letter to the person who turned you down for the job citing your conversation in the letter. 2) Send a certified letter to your former company's HR department pointing out what your former boss said. Then, get a lawyer, and push it hard. Or, better yet, let your lawyer send the letters.We are all engines of karma Quote Share this post Link to post Share on other sites yardhippie 0 #17 October 12, 2006 QuoteIf you are serious about it, talk to a employement lawyer. I know many major corporations will only confirm emplyoment when asked about references for that exact reason. Also, Labor laws are often governed fedrally. While, states set many laws discriminatinon, EEO, and all that jazz are federal. I'll bet that even a mention from a Lawyer that something like that came out of an employee of their company will send them to their Attys so fast you wont know what happened. That kind of thing is BAD press for a company of ANY size, and can cripple the financial standing of a smaller company. Potential judgments against a company can seriously affect its borrowing power, and credit line.Goddam dirty hippies piss me off! ~GFD "What do I get for closing your rig?" ~ me "Anything you want." ~ female skydiver Mohoso Rodriguez #865 Quote Share this post Link to post Share on other sites JohnnyD 0 #18 October 12, 2006 Quote Then she calls back a few days later letting me know that she can't offer me the position because I received a bad reference from those listed on my resume.... Was this person listed as a personal reference or was this person called in order to verify past employment? The distinction is key. Quote Share this post Link to post Share on other sites TomAiello 26 #19 October 12, 2006 QuoteIsn't there something in the legal world that says you can't prevent someone from getting a position elsewhere?!? In a former life I was a supervisor of about 30 employees for the University of California. UC had a policy that you couldn't say anything bad when someone called for a reference check. If I had something bad to say, I'd just explain UC policy on references, and then follow up with "and I have absolutely nothing to say about this person." QuoteIs there anything I can do about this woman to prevent her from spreading lies about me?!?! Sure. Remove the reference from your resume.-- Tom Aiello Tom@SnakeRiverBASE.com SnakeRiverBASE.com Quote Share this post Link to post Share on other sites bmcd308 0 #20 October 12, 2006 >>Sure. Remove the reference from your resume. << +1. I am a little stunned that you did not know you should only list people whom you know will say something good. In the future, ask people for their permission to use them as references and when asking say something like "would you be comfortable giving me your recommendation for a position as an ..." If they say, "Actually, I hate you and hope I get the opportunity to screw you over," don't use them. Brent ---------------------------------- www.jumpelvis.com Quote Share this post Link to post Share on other sites StreetScooby 5 #21 October 12, 2006 Quote If I had something bad to say, I'd just explain UC policy on references, and then follow up with "and I have absolutely nothing to say about this person." Yep, that's the trick to play. Red flags go off when this is said about someone.We are all engines of karma Quote Share this post Link to post Share on other sites NWFlyer 2 #22 October 12, 2006 Quote In the future, ask people for their permission to use them as references and when asking say something like "would you be comfortable giving me your recommendation for a position as an ..." If they say, "Actually, I hate you and hope I get the opportunity to screw you over," don't use them. More likely they won't be that direct, but if they seem at all reluctant or vague, cross them off the list. I have a list of about 4-5 people that are my go-to people for references, but I *always* contact them if a job search gets to the reference stage to confirm that they're still willing to serve as a reference and to give them the heads up that someone will be calling them."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites NWFlyer 2 #23 October 12, 2006 QuoteEnds up that my previous supervisor was pissed that I left on "short notice"...Well she knew a month in advance that I was moving and didn't know when exactly I would have to be gone...and I found out while she was on vacation that I needed to leave... I gave her an official resignation and hit the road... I read this again ... and I have to ask. Do you *really* want to get involved in a legal action for something that might have just been a misunderstanding? Telling her a month before that you were going to have to leave "sometime" was not official notice. Then you actually left and gave official notice while she was on vacation. She may very well believe that you left on short notice, and from how you've described it, that's a perfectly valid viewpoint. This looks to me like there are two sides of the story and hers may be just as valid. Even if you believe that you gave adequate notice, she perceives that you didn't. I'm not sure that I'd be so quick to say she's "spreading lies about you." I'd say chalk it up as a lesson learned (and the lesson is - ALWAYS talk to people you list as a reference to find out their willingness to serve as a reference. You can even ask "Is there anything that would prevent you from giving me a positive reference?"). If you had taken a more professional approach and called her before you listed her as a reference, you could probably have avoided this whole situation. Sorry if this sounds harsh, but I can't believe how many people are saying "Take the bitch to court.""There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites brierebecca 0 #24 October 12, 2006 QuoteTelling her a month before that you were going to have to leave "sometime" was not official notice. Then you actually left and gave official notice while she was on vacation. She may very well believe that you left on short notice, and from how you've described it, that's a perfectly valid viewpoint. This looks to me like there are two sides of the story and hers may be just as valid. Even if you believe that you gave adequate notice, she perceives that you didn't. I'm not sure that I'd be so quick to say she's "spreading lies about you." While I agree that the notice thing is probably a misunderstanding, it's unlikely that simply telling a prospective employer that she didn't give notice would be the reason the prospective employer decided not to hire her. Her previous employer would likely have to tell them something much worse. Of course, I'm not too experienced at these things. Either way, if a person kept me from getting a job I wanted, I'd pursue legal recourse. This person messed with her life, and kept her from getting significant money. Plus, these kinds of tort actions are often contingency-based, so she won't be out of pocket if she does decide to sue. Brie"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie Quote Share this post Link to post Share on other sites NWFlyer 2 #25 October 12, 2006 QuoteWhile I agree that the notice thing is probably a misunderstanding, it's unlikely that simply telling a prospective employer that she didn't give notice would be the reason the prospective employer decided not to hire her. Her previous employer would likely have to tell them something much worse. Good point, but we don't know the whole story or the other side of the story. QuoteEither way, if a person kept me from getting a job I wanted, I'd pursue legal recourse. This person messed with her life, and kept her from getting significant money. Plus, these kinds of tort actions are often contingency-based, so she won't be out of pocket if she does decide to sue. Different strokes, I guess. I'd move on. I'd be much more inclined to chalk it up to a lesson learned for me (KNOW that you can trust your references and give them the professional courtesy of letting them know when they can expect a call) than to blame someone else. Especially given that she's got a good job that she's happy with - the past employer has not blacklisted her or made her unemployable."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites Prev 1 2 Next Page 1 of 2 Join the conversation You can post now and register later. If you have an account, sign in now to post with your account. Note: Your post will require moderator approval before it will be visible. Reply to this topic... × Pasted as rich text. Paste as plain text instead Only 75 emoji are allowed. × Your link has been automatically embedded. Display as a link instead × Your previous content has been restored. Clear editor × You cannot paste images directly. Upload or insert images from URL. Insert image from URL × Desktop Tablet Phone Submit Reply 0 Go To Topic Listing
yardhippie 0 #10 October 12, 2006 I've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been.Goddam dirty hippies piss me off! ~GFD "What do I get for closing your rig?" ~ me "Anything you want." ~ female skydiver Mohoso Rodriguez #865 Quote Share this post Link to post Share on other sites
Shell666 0 #11 October 12, 2006 QuoteI've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been. That's exactly what I was trying to say! Thanks for reading my mind. (you should be scared you did that! GOOD info! Probably for most places (states and provinces included!) 'Shell'Shell Quote Share this post Link to post Share on other sites
brierebecca 0 #12 October 12, 2006 From what little I remember from my torts class, you can probably sue that lady for however much the job would have paid you, for however long you probably would have stayed at the job. I think you should go talk to an employment or tort attorney - it will be worth the money if they charge for a consult. Brie"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie Quote Share this post Link to post Share on other sites
NWFlyer 2 #13 October 12, 2006 I'd say stop using her as a reference and move on with your life. Is it really worth a legal battle just to prove that you gave proper notice? Move on."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites
simplyputsi 0 #14 October 12, 2006 QuoteI've been through a few risk management classes. Making any reference to a former employee's history other than "they worked here from x to y" opens the company for liable proceedings. ESPECIALLY IF they are UNDOCUMENTED. For a former employer to make a statement that prevented you from being empolyed again, AND have no background opens them up for you to OWN that company. At least in the states/areas I have been. Agreed. I'm betting a law was broken here. Since you have a new job though maybe just put it behind you. My mom used to fill me in on alllllll the reference and question asking laws for employment.Skymama's #2 stalker - Quote Share this post Link to post Share on other sites
Remster 30 #15 October 12, 2006 If you are serious about it, talk to a employement lawyer. I know many major corporations will only confirm emplyoment when asked about references for that exact reason.Remster Quote Share this post Link to post Share on other sites
StreetScooby 5 #16 October 12, 2006 At a minimum, do the following: 1) Send a certified letter to the person who turned you down for the job citing your conversation in the letter. 2) Send a certified letter to your former company's HR department pointing out what your former boss said. Then, get a lawyer, and push it hard. Or, better yet, let your lawyer send the letters.We are all engines of karma Quote Share this post Link to post Share on other sites
yardhippie 0 #17 October 12, 2006 QuoteIf you are serious about it, talk to a employement lawyer. I know many major corporations will only confirm emplyoment when asked about references for that exact reason. Also, Labor laws are often governed fedrally. While, states set many laws discriminatinon, EEO, and all that jazz are federal. I'll bet that even a mention from a Lawyer that something like that came out of an employee of their company will send them to their Attys so fast you wont know what happened. That kind of thing is BAD press for a company of ANY size, and can cripple the financial standing of a smaller company. Potential judgments against a company can seriously affect its borrowing power, and credit line.Goddam dirty hippies piss me off! ~GFD "What do I get for closing your rig?" ~ me "Anything you want." ~ female skydiver Mohoso Rodriguez #865 Quote Share this post Link to post Share on other sites
JohnnyD 0 #18 October 12, 2006 Quote Then she calls back a few days later letting me know that she can't offer me the position because I received a bad reference from those listed on my resume.... Was this person listed as a personal reference or was this person called in order to verify past employment? The distinction is key. Quote Share this post Link to post Share on other sites
TomAiello 26 #19 October 12, 2006 QuoteIsn't there something in the legal world that says you can't prevent someone from getting a position elsewhere?!? In a former life I was a supervisor of about 30 employees for the University of California. UC had a policy that you couldn't say anything bad when someone called for a reference check. If I had something bad to say, I'd just explain UC policy on references, and then follow up with "and I have absolutely nothing to say about this person." QuoteIs there anything I can do about this woman to prevent her from spreading lies about me?!?! Sure. Remove the reference from your resume.-- Tom Aiello Tom@SnakeRiverBASE.com SnakeRiverBASE.com Quote Share this post Link to post Share on other sites
bmcd308 0 #20 October 12, 2006 >>Sure. Remove the reference from your resume. << +1. I am a little stunned that you did not know you should only list people whom you know will say something good. In the future, ask people for their permission to use them as references and when asking say something like "would you be comfortable giving me your recommendation for a position as an ..." If they say, "Actually, I hate you and hope I get the opportunity to screw you over," don't use them. Brent ---------------------------------- www.jumpelvis.com Quote Share this post Link to post Share on other sites
StreetScooby 5 #21 October 12, 2006 Quote If I had something bad to say, I'd just explain UC policy on references, and then follow up with "and I have absolutely nothing to say about this person." Yep, that's the trick to play. Red flags go off when this is said about someone.We are all engines of karma Quote Share this post Link to post Share on other sites
NWFlyer 2 #22 October 12, 2006 Quote In the future, ask people for their permission to use them as references and when asking say something like "would you be comfortable giving me your recommendation for a position as an ..." If they say, "Actually, I hate you and hope I get the opportunity to screw you over," don't use them. More likely they won't be that direct, but if they seem at all reluctant or vague, cross them off the list. I have a list of about 4-5 people that are my go-to people for references, but I *always* contact them if a job search gets to the reference stage to confirm that they're still willing to serve as a reference and to give them the heads up that someone will be calling them."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites
NWFlyer 2 #23 October 12, 2006 QuoteEnds up that my previous supervisor was pissed that I left on "short notice"...Well she knew a month in advance that I was moving and didn't know when exactly I would have to be gone...and I found out while she was on vacation that I needed to leave... I gave her an official resignation and hit the road... I read this again ... and I have to ask. Do you *really* want to get involved in a legal action for something that might have just been a misunderstanding? Telling her a month before that you were going to have to leave "sometime" was not official notice. Then you actually left and gave official notice while she was on vacation. She may very well believe that you left on short notice, and from how you've described it, that's a perfectly valid viewpoint. This looks to me like there are two sides of the story and hers may be just as valid. Even if you believe that you gave adequate notice, she perceives that you didn't. I'm not sure that I'd be so quick to say she's "spreading lies about you." I'd say chalk it up as a lesson learned (and the lesson is - ALWAYS talk to people you list as a reference to find out their willingness to serve as a reference. You can even ask "Is there anything that would prevent you from giving me a positive reference?"). If you had taken a more professional approach and called her before you listed her as a reference, you could probably have avoided this whole situation. Sorry if this sounds harsh, but I can't believe how many people are saying "Take the bitch to court.""There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites
brierebecca 0 #24 October 12, 2006 QuoteTelling her a month before that you were going to have to leave "sometime" was not official notice. Then you actually left and gave official notice while she was on vacation. She may very well believe that you left on short notice, and from how you've described it, that's a perfectly valid viewpoint. This looks to me like there are two sides of the story and hers may be just as valid. Even if you believe that you gave adequate notice, she perceives that you didn't. I'm not sure that I'd be so quick to say she's "spreading lies about you." While I agree that the notice thing is probably a misunderstanding, it's unlikely that simply telling a prospective employer that she didn't give notice would be the reason the prospective employer decided not to hire her. Her previous employer would likely have to tell them something much worse. Of course, I'm not too experienced at these things. Either way, if a person kept me from getting a job I wanted, I'd pursue legal recourse. This person messed with her life, and kept her from getting significant money. Plus, these kinds of tort actions are often contingency-based, so she won't be out of pocket if she does decide to sue. Brie"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie Quote Share this post Link to post Share on other sites
NWFlyer 2 #25 October 12, 2006 QuoteWhile I agree that the notice thing is probably a misunderstanding, it's unlikely that simply telling a prospective employer that she didn't give notice would be the reason the prospective employer decided not to hire her. Her previous employer would likely have to tell them something much worse. Good point, but we don't know the whole story or the other side of the story. QuoteEither way, if a person kept me from getting a job I wanted, I'd pursue legal recourse. This person messed with her life, and kept her from getting significant money. Plus, these kinds of tort actions are often contingency-based, so she won't be out of pocket if she does decide to sue. Different strokes, I guess. I'd move on. I'd be much more inclined to chalk it up to a lesson learned for me (KNOW that you can trust your references and give them the professional courtesy of letting them know when they can expect a call) than to blame someone else. Especially given that she's got a good job that she's happy with - the past employer has not blacklisted her or made her unemployable."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites
