OK... I know this is off topic but I am just peeved beyond belief... my DH just left his long-term job and has been job hunting. There was no mistaking that he didn't get along well with the manager at his old job, but he stayed on at the co. to get the experience and tried hard to be the best employee possible under the circumstances. He just got a call back from one of the places he interviewed (he was pretty much given the job at the interview, but references had to be checked first) and the guy told him that his ex-employer had given him a terrible reference. In a nutshell, his old manager said that he didn't give two-weeks notice (I guess not, he gave THREE WEEKS NOTICE!), he said he showed up late to work all the time (this one really gets my gord... he showed up early each and every day to get his things ready BEFORE opening equaling hundreds of UNPAID hours at the co.), he called in sick all the time(again, the only sick day he took was after he was hurt on the job and was FORCED to call in sick by the doctor-- he had a freakin' note from the doc), finally he said he was incompetent and had to be told what to do at every step (I guess thats why he worked his way up three levels while at the co. to head of his station cause he was "incompetent")... when he heard this he called his old manager who basically laughed about it and said he would make sure it was impossible for him to get another job in the field and that he should consider himself blacklisted. WHAT THE HELL IS HE SUPPOSED TO DO??? he spent so much time at the co., he can't possibly just leave this out of his resume. I am SOOOO angry and my DH is just depressed beyond belief. Can we sue this guy for defamation of character, or what? Any suggestion, any experience anyone has... please help me here.
Your husband's former employer is a fool. A fool that will pay a hellish price for his "blacklisting." First thing's first. There are several services on the internet that will check your references. Essentially, they call and pose as a potential employer and ask about the employee's job performance. The call is recorded and you will receive only a transcript of the call. However, the transcript is verified (signed under penalty of perjury) by the reference seeker. This will give you solid evidence to use in court in addition to the other job denial. Everything that an employer says in a job reference must be true and provable in court. The fact that your hubby's boss intentionally gave out a false bad reference on two occasions will seal his fate. After you get your transcript, consult a labor lawywer in your state. With such a strong case, you should have no problem finding one on a contingency fee basis, if needed. In the interim, your husband should cease all communications with his former employer. BTW, how large is his former company and what state do you live in?
thanks for the info! I will look into the reference checking service... that seems like a great option right now, at least the best first step. DH has considered contacting his co-workers who have also since left the company... he feels like they will back-up that the info the guy provided is false, but he is concerned that they will get the same treatment if they speak up about it, especially in court or what not.
There is a great book called "Getting Fired" by Steven Mitchell Sack, a prominent labor lawyer. It is available at most large bookstores. I highly reccommend that you pick up a copy. According to Sack, the average successful jury award for employment-related defamation is $110, 000. Your husband need not worry about co-workers. After establishing that the employer was giving him a bad reference, the burden of proof shifts to the employer to prove, item-by-item, that everything said in the reference check was 100% correct.
